YOUR NAME
Street Address
City, State Zip
Phone Number (with area code)
Fax Number (If applicable)
Email Address (If applicable)
In Pro Per
IN THE MAGISTRATE COURT OF LONG COUNTY
STATE OF XXX
NAME OF PLAINTIFF,
Plaintiff,
vs.
NAME OF DEFENDANT(s),
Defendant(s)
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Case No.:
DEFENDANT’S MOTION TO DISMISS
CHARGES WITH PREJUDICE
MOTION TO DISMISS CHARGES
NOW COMES [Your Full Name], and files this Motion to Dismiss Charges brought against him by the
prosecution with prejudice, and for cause would show this Honorable Court as follows:
A. RELEVANT FACTUAL STATEMENT
1. The Defendant is currently involved in divorce proceedings with his ex-wife.
2. The Defendant was arrested based on a false allegation and without probable cause for
surveillance and eavesdropping within his own home.
3. The Defendant was not informed of the reason for his arrest until 20 days after his initial
detention.
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DEFENDANT’S MOTION TO DISMISS CHARGES WITH PREJUDICE – 2
4. This delay in informing the Defendant of the allegations constitutes a violation of his due process
rights.
5. The Defendant is currently serving as a member of the military, which raises jurisdictional
concerns regarding these criminal charges.
6. To date, there is no substantial cause for the Defendant’s arrest, and the prosecution has failed to
provide evidence beyond a reasonable doubt to warrant an indictment.
7. The delay in informing the Defendant of the allegations against him constitutes a violation of his
right to due process as guaranteed by the Constitution of the United States and the Constitution
of the State of Georgia.
8. The lack of jurisdiction over the Defendant due to his military service further complicates the
prosecution’s ability to proceed in this matter.
9. The absence of a valid cause for the Defendant’s arrest and the lack of substantial evidence
supporting the charges render them legally deficient.
B. LEGAL ARGUMENT
False Allegation and Lack of Warrant/Probable Cause
10. In the realm of divorce proceedings, emotional tensions and conflicts often reach their zenith. It
is a time when two parties, once closely connected, find themselves at odds over various aspects
of their lives, particularly when it comes to the division of assets, child custody, and spousal
support. Such an emotionally charged atmosphere can sometimes lead to unfounded allegations
and accusations, which is precisely what has transpired in this case.
11. The ex-wife, in an effort to gain an upper hand in the ongoing divorce proceedings, made a grave
and unsubstantiated accusation against the Defendant. This accusation, not supported by any
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DEFENDANT’S MOTION TO DISMISS CHARGES WITH PREJUDICE – 3
concrete evidence, has led to the tarnishing of the Defendant’s reputation, his unjust arrest, and
the commencement of these criminal proceedings. It is essential for this Honorable Court to
recognize that such false allegations can have grave consequences, not only for the accused but
also for the integrity of the legal system.
12. The Defendant is innocent until proven guilty, and the allegations against him must be
substantiated with concrete evidence to establish his culpability beyond a reasonable doubt. The
false nature of the ex-wife’s accusation underscores the urgency of dismissing these charges, as
the very foundation upon which they rest is shaky, if not entirely flawed.
13. The travesty of the Defendant’s arrest does not end with the false accusation. It extends to the
absence of any valid warrant to justify the intrusion into the Defendant’s personal space and the
initiation of these criminal charges.
14. In cases where law enforcement intends to intrude into an individual’s personal space, it is a
foundational requirement that a warrant, supported by probable cause, is obtained. This warrant
is a crucial legal safeguard that ensures the protection of the individual’s Fourth Amendment
rights, which guard against unreasonable searches and seizures.
15. In this case, however, there was no such valid warrant. The Defendant was arrested without the
existence of a legally sanctioned warrant to justify the intrusion into his home or the initiation of
these criminal proceedings. This absence of a valid warrant is not a minor procedural oversight;
it strikes at the heart of the Defendant’s constitutional rights and calls into question the
legitimacy of the charges brought against him.
16. The Fourth Amendment to the United States Constitution explicitly safeguards citizens from
unreasonable searches and seizures by the government. It establishes that individuals have the
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DEFENDANT’S MOTION TO DISMISS CHARGES WITH PREJUDICE – 4
right to be secure in their persons, houses, papers, and effects, and that any intrusion into these
areas must be grounded in a warrant that meets the legal standards set by the Constitution.
17. The absence of a valid warrant in this case constitutes a grave violation of the Defendant’s Fourth
Amendment rights. It represents a breach of the fundamental principles upon which our legal
system is built, namely, the protection of individual liberties and the necessity of adhering to
legal standards when law enforcement intrudes into an individual’s private space.
18. This violation of the Fourth Amendment is a matter of profound concern, and it further
underscores the need to dismiss these charges. The absence of a valid warrant calls into question
the legality of the entire arrest and the initiation of criminal proceedings against the Defendant. It
raises significant doubts about the propriety of these charges and the compliance of law
enforcement with constitutional safeguards.
19. In conclusion, the charges against the Defendant are rooted in a false allegation that is
unsupported by any concrete evidence. Moreover, they were initiated without the existence of a
valid warrant, which is a fundamental requirement when law enforcement intends to intrude into
an individual’s private space. These circumstances cry out for the dismissal of the charges, as
they were founded on an absence of legal authorization and are legally deficient.
20. Given the seriousness of the violations of the Defendant’s rights and the principles that underpin
our legal system, it is incumbent upon this Honorable Court to dismiss these charges in the
pursuit of justice.
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DEFENDANT’S MOTION TO DISMISS CHARGES WITH PREJUDICE – 5
Delay in Informing the Defendant of Charges Against Him
21. The delay in informing the Defendant about the allegations against him represents a deeply
troubling aspect of this case, one that strikes at the very heart of due process and the principles
upon which our legal system is founded.
22. The Defendant was indeed told the charge itself, but the crucial distinction lies in the fact that he
did not know the basis in which this charge applied to him. He was left in the dark regarding the
specific details of the alleged crime, and crucial information that would have enabled him to
defend himself was withheld.
23. Due process, one of the fundamental tenets of our legal system, is a concept deeply ingrained in
the fabric of our Constitution and laws. Its purpose is to protect the rights of individuals,
ensuring that they are not subject to arbitrary and capricious government actions. It serves as a
vital safeguard to prevent the abuse of power by the state, promoting fairness, justice, and the
protection of individual liberties.
24. The principles of due process require that an individual be provided with notice of the charges
brought against them in a timely manner, but not only the charges themselves. This notification
is not a mere formality but a critical step that allows the accused to prepare a defense, gather
evidence, consult with legal counsel, and ensure that their rights are upheld throughout the legal
process.
25. The delay in informing the Defendant about the allegations against him, specifically the details
and the basis for those allegations, has had profound consequences, casting a shadow of
prejudice over his ability to mount a proper defense. To be precise, the Defendant was told the
charge, but he remained unaware of the specific details, such as the basis of the alleged crime.
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DEFENDANT’S MOTION TO DISMISS CHARGES WITH PREJUDICE – 6
26. During those 20 days, the Defendant was essentially left in a state of legal limbo. He knew the
charge but was unable to access the critical information that would have allowed him to
understand the case against him and formulate a defense strategy. This lack of clarity hampers
the very essence of justice – the ability to present one’s side of the story, challenge evidence, and
ensure that a fair trial is possible. Without timely and comprehensive notification, the
Defendant’s constitutional rights were compromised, leading to a severe imbalance in the legal
proceedings.
27. Crucially, the delay in informing the Defendant had a direct impact on the preservation of
evidence. In many criminal cases, the preservation of evidence is a crucial aspect of ensuring that
justice is served. In the 20 days that the Defendant was left in the dark, potential evidence that
could have supported his defense may have been lost or compromised. This loss is a direct
consequence of the delay and cannot be overstated in its significance.
28. The potential loss of evidence includes a wide range of possibilities, such as surveillance
footage, phone records, electronic communications, and testimonies of witnesses or alibis. The
importance of such evidence in a criminal trial cannot be overstated, as it often forms the
foundation upon which a defense strategy is built.
29. By failing to provide prompt and comprehensive notice of the allegations against the Defendant,
the prosecution effectively hindered the Defendant’s ability to secure and preserve this crucial
evidence. The implications of this impairment ripple through the entire legal process, casting
doubt on the fairness and integrity of the proceedings.
30. In this case, it is essential to emphasize the inexcusability of the delay in informing the
Defendant. The timely and comprehensive notification of charges is not a mere procedural
formality; it is a fundamental element of ensuring a fair and just legal process. The failure to
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DEFENDANT’S MOTION TO DISMISS CHARGES WITH PREJUDICE – 7
promptly provide the Defendant with a clear account of the charges against him is a breach of
trust in the criminal justice system and a betrayal of the principles that underpin it.
31. The delay is even more troubling considering that the Defendant was arrested with no probable
cause. Without probable cause, the burden on the prosecution to promptly and comprehensively
provide the Defendant with a clear account of the charges against him is even greater. The
absence of a valid basis for arrest further underscores the urgency of notification, as the
Defendant was essentially being held without a legally defensible reason.
32. Moreover, the consequences of the delay were not just a procedural inconvenience but a
substantial impairment to the Defendant’s constitutional rights. The right to a fair trial and the
right to due process are not mere formalities but the pillars upon which justice is constructed.
33. The implications of this delay are grave and cannot be ignored. The Defendant was told the
charge itself, but he remained unaware of the specific details, such as the basis of the alleged
crime. His due process rights were trampled upon, resulting in significant prejudice to his
defense. Evidence that might have exonerated him could have been lost, and his ability to present
a strong defense was severely compromised. This is not a mere technicality but a matter that
strikes at the very core of the legal system’s commitment to justice and fairness.
34. Given the gravity of this violation, it is imperative that this Honorable Court takes the necessary
steps to remedy this situation. The delay was not only inexcusable but also deeply injurious to
the pursuit of justice. The Defendant’s rights were violated, and this cannot be allowed to stand
unaddressed. The Defendant respectfully requests this Court to consider these facts in granting
the motion to dismiss the charges with prejudice.
The Court Lacks Jurisdiction Over the Defendant
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DEFENDANT’S MOTION TO DISMISS CHARGES WITH PREJUDICE – 8
35. A critical aspect that further complicates the jurisdictional landscape in this case is the existence
of military courts, which operate under the authority of Article I of the U.S. Constitution. These
military courts have jurisdiction over cases involving military servicemembers, and in certain
situations, even retired servicemembers. They are empowered to adjudicate crimes defined in the
Uniform Code of Military Justice (UCMJ), including offenses unique to the military and those
with equivalent definitions in civilian laws.
36. The U.S. Constitution, in Article I, Section 8, Clause 14, explicitly grants Congress the power
"To make Rules for the Government and Regulation of the land and naval Forces." This
constitutional provision underscores the separation of the military from civilian law and
recognizes the need for a distinct system of justice to govern military personnel. In line with this
constitutional authority, Congress established the UCMJ, which serves as the legal foundation
for the military justice system.
37. Military courts hold jurisdiction over military personnel, whether on active duty or in the
reserves. This jurisdiction extends to a wide range of offenses, including those that are unique to
the military, such as dereliction of duty, absence without leave, or violations of lawful orders.
Furthermore, military courts can prosecute servicemembers for offenses that have equivalent
definitions in civilian laws.
38. Crucially, military courts can exercise jurisdiction over military personnel regardless of their
location, both within the United States and abroad. The UCMJ is structured to ensure that the
military justice system can function effectively and maintain discipline within the ranks, even in
deployed and overseas settings.
39. The jurisdiction of military courts extends beyond active-duty personnel to include certain retired
servicemembers as well. While the jurisdiction over retired servicemembers is not all-
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DEFENDANT’S MOTION TO DISMISS CHARGES WITH PREJUDICE – 9
encompassing, it exists under specific circumstances. Retired servicemembers can be subject to
military jurisdiction if they are recalled to active duty for certain purposes or if the offense in
question occurred while they were on active duty.
40. This nuanced aspect of jurisdiction adds another layer of complexity to cases involving military
personnel. The legal system recognizes the potential for servicemembers to be subject to military
law even after their active service has concluded, particularly if their actions or alleged offenses
are connected to their military service.
41. The existence of both civilian and military jurisdictions can lead to overlapping claims of
authority, creating legal challenges that demand careful consideration. In situations where an
alleged offense falls within the purview of both civilian and military jurisdictions, the
determination of which court should preside over the case can become a contentious issue.
42. In the case of the Defendant, who is an active member of the military, the potential for
overlapping jurisdictions is an additional facet that requires scrutiny. The state court’s assertion
of jurisdiction, given the Defendant’s military status, raises questions about the appropriate legal
framework in which this case should be addressed.
43. It is crucial to recognize the significance of military jurisdiction, a system expressly authorized
by the U.S. Constitution. The military justice system is designed to ensure that offenses
committed by military personnel are addressed in a manner that maintains discipline and
promotes accountability within the armed forces.
44. Respecting military jurisdiction is not only a legal requirement but also a matter of upholding the
principles of our constitutional system. The military’s distinct role in society, the unique demands
of military service, and the need for military discipline all necessitate the existence of a separate
legal framework.
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DEFENDANT’S MOTION TO DISMISS CHARGES WITH PREJUDICE – 10
45. The presence of military courts and their jurisdiction over military servicemembers, as
authorized by Article I of the U.S. Constitution and the UCMJ, introduces a layer of complexity
in cases involving members of the military. The military justice system operates independently
but intersects with civilian law in various ways, and the determination of jurisdiction can be a
matter of contention in cases like the one involving the Defendant.
46. The existence of military courts emphasizes the need for a nuanced and precise examination of
the Defendant’s military status and the implications for the Court’s jurisdiction. It is essential to
acknowledge the legal considerations unique to military service and ensure that the Defendant’s
rights are upheld within this framework.
47. An additional layer of complexity arises from the custody of evidence, particularly hard evidence
that is crucial to legal proceedings. In the Defendant’s case, it is worth noting that the military
possesses the original hard evidence, and the civilian side has secured only copies of this vital
evidence.
48. This distinction between the original evidence held by the military and the copies available to the
civilian side is not a trivial matter; it goes to the heart of the integrity and reliability of the
evidence being presented in the legal proceedings.
49. Original evidence, often referred to as the "best evidence," holds a special status in legal
proceedings. It is the primary source of truth and is considered the most reliable form of
evidence. Original evidence is unaltered and untampered, preserving the integrity of the
information it contains. It carries a greater weight in court, as it is the closest representation of
the actual events or facts being presented.
50. In contrast, copies of evidence are, by their nature, secondary representations of the original.
They are subject to potential alterations or inaccuracies in the duplication process. This is
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DEFENDANT’S MOTION TO DISMISS CHARGES WITH PREJUDICE – 11
particularly significant when dealing with evidence that could have a substantial impact on the
Defendant’s case.
51. In conclusion, the presence of military courts and their jurisdiction over military servicemembers
underscores the need for a comprehensive evaluation of the Defendant’s status and the Court’s
authority. It highlights the importance of respecting the principles of military justice while
navigating the complexities of this case. Therefore, the Defendant respectfully requests this
Honorable Court to consider the implications of military jurisdiction in granting the motion to
dismiss the charges with prejudice.
C. PRAYER FOR RELIEF
The Defendant fervently prays for the dismissal of the criminal charges brought against him with
prejudice. The grave violations of his due process rights, the potential jurisdictional complications
arising from his military service, and the absence of a valid cause for his arrest collectively demand the
extraordinary remedy of dismissal with prejudice.
Dated this _____ day of October, XXX
Respectfully Submitted,
___________________________________
[Your Full Name],
Defendant in pro per
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DEFENDANT’S MOTION TO DISMISS CHARGES WITH PREJUDICE – 12
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of this Motion to Dismiss Criminal Charges with Prejudice
has been served on the following of record and filed with the Clerk of Court this [Date].
[Name of Attorney]
[Address of Attorney]
[State & ZIP Coed of Attorney]
[Phone Number of Attorney]
[Email of Attorney]
Dated this _____ day of October, XXX
Respectfully Submitted,
___________________________________
[Your Full Name],
Defendant in pro per
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