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DEFENDANT’S MOTION FOR DISMISSAL OF CHARGES – 1
Alan Sehr
Attorneys’ Business Address
City, ST ZIP Code
Phone | Fax
Email
Defendant in pro per
IN THE SECOND JUDICIAL CIRCUIT COURT
IN AND FOR LINCOLN COUNTY
STATE OF SOUTH DAKOTA,
Plaintiff,
vs.
ALAN SEHR,
Defendant
Case No.: Number
DEFENDANT’S MOTION FOR
DISMISSAL OF CHARGES
NOTICE OF DEFENDANT’S MOTION FOR DISMISSAL OF CHARGES
You are hereby notified that on ________________ (Date), at ________ (am/pm), or as soon
thereafter as the Defendant can be heard, in Courtroom _____of the Second Judicial Circuit
Court in and for Lincoln County courthouse at 104 N. Main St., Canton, SD 57013-1732, Alan
Sehr will bring on for hearing his Motion for Dismissal of Charges for the reasons stated in the
attached Motion.
Dated this ____ day of June, 2022.
Respectfully Submitted,
___________________________________
Alan Sehr,
Defendant in pro per
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DEFENDANT’S MOTION FOR DISMISSAL OF CHARGES – 2
Alan Sehr
Attorneys’ Business Address
City, ST ZIP Code
Phone | Fax
Email
Defendant in pro per
IN THE SECOND JUDICIAL CIRCUIT COURT
IN AND FOR LINCOLN COUNTY
STATE OF SOUTH DAKOTA,
Plaintiff,
vs.
ALAN SEHR,
Defendant
Case No.: Number
DEFENDANT’S MOTION FOR
DISMISSAL OF CHARGES
MOTION FOR DISMISSAL OF CHARGES
NOW COMES Alan Sehr, Defendant, and files this Motion for Dismissal of Charges of [Insert
Name of Charge], and hereby avers as follows:
1. On [Insert Date], Defendant and his girlfriend, Jill Erickson, went out drinking. Jill came
home very late after the bars were closed and Defendant was not happy about it. He
wanted Jill to sleep in a separate room.
2. Jill did not like the fact that Defendant asked her to sleep in a different room after coming
home late. She opted to call the police. Her phone did not have power, so she used
Defendant’s phone to call the police and lied that Defendant had assaulted her. Jill’s
intention was to scare Defendant.
3. When the police arrived, Jill did not tell them anything. The police said that they had to
arrest Defendant because Jill had some marks on her. Jill did not have any marks on her
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DEFENDANT’S MOTION FOR DISMISSAL OF CHARGES – 3
body.
4. Defendant was arrested and taken to jail. The police put a no-contact order on Defendant.
Soon thereafter, Jill realized that calling the police on Defendant was a bad idea and
decided she would not testify against Defendant. 10 days later, the no-contact order was
lifted by the learned judge.
5. At no point during the night that Defendant and Jill went out did Defendant hit Jill. The
only physical thing that Defendant did was to lift the corner of the mattress to signal that
Jill should get out and sleep in another room.
6. Jill has already indicated that she does not intend to testify against Defendant and that she
would like the charges brought against him dismissed. Without Jill’s testimony, the
State’s Attorney has no evidence to sustain the charges brought against Defendant.
7. Defendant is a law-abiding male adult citizen of sound mind. He has never been arrested
or convicted of any violent crime in the State of South Dakota or anywhere else.
8. The burden of proof lies upon the prosecution to prove beyond reasonable doubt that
Defendant assaulted Jill. In the first place, Defendant did not assault Jill, so evidence of
that does not exist. Second, Jill regrets calling the police on Defendant for no reason and
would like the charges dismissed. She is ready to appear before this Court to confirm
that. Therefore, the prosecution cannot prove its case beyond reasonable doubt.
REASONS WHEREFORE, PREMISES CONSIDERED, Defendant respectfully requests this
Honorable Court to GRANT this Motion for Dismissal of Charges and enter an Order to that
effect.
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DEFENDANT’S MOTION FOR DISMISSAL OF CHARGES – 4
Dated this ____ day of June, 2022.
Respectfully Submitted,
___________________________________
Alan Sehr,
Defendant in pro per
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DEFENDANT’S MOTION FOR DISMISSAL OF CHARGES – 5
VERIFICATION
I, Alan Sehr, being duly sworn depose and say that I have read the foregoing Motion for
Dismissal of Charges and know the contents thereof. That the same is true of my own knowledge
except as to those matters and things stated upon information and belief, and as to those things, I
believe them to be true.
_________________________________
(Sign in the presence of a Notary Public)
Sworn to and subscribed before me this ___ day of June, 2022.
______________________________
Notary Public
________________________________________
(Printed name of Notary Public)
My Commission Expires: ____________________
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