![]() ![]() A trial court’s granting of such a motion occurs sparingly. Motion to Dismiss an InformationĪ motion to dismiss an information is pursuant to Florida Rule of Criminal Procedure 3.190(c)(4). It is extremely important to request a statement of particulars because once filed, the statement of particulars is the decisive charging document, and the State cannot, over defense objection, seek a conviction based on facts other than those contained in the statement. The circumstances observed by law enforcement that constitute the offense.The motion will usually request the disclosure of specific information from the State, such as (but not limited to): ![]() “Unless the information or indictment charges the accused with the offense clearly and sufficiently so that he may know the nature and cause of the accusation against him he is entitled to his discharge.” Simpson v.“The rule is well established in this jurisdiction that an indictment should allege every necessary element constituting the offense charged, and no such element left to inference.” Smith v.There is sufficient caselaw to back up this type of motion, such as: You can request a statement of particulars for a specific count of the information or all counts. Pursuant to Florida Rule of Criminal Procedure 3.140(n), a defendant has the right to move for a statement of particulars in order to get more details regarding the alleged offense. Motion to Compel Statement of Particulars “No indictment or information, or any count thereof, shall be dismissed or judgment arrested, or new trial granted on account of any defect in the form of the indictment or information or of misjoinder of offenses or for any cause whatsoever, unless the court shall be of the opinion that the indictment or information is so vague, indistinct, and indefinite as to mislead the accused and embarrass him or her in the preparation of a defense or expose the accused after conviction or acquittal to substantial danger of a new prosecution for the same offense.”. ![]() Reasonable doubts concerning the construction of this rule shall be resolved in favor of the defendant.”Īdditionally, the rule provides for the protocol for when a charging document is defective: The statement of particulars shall specify as definitely as possible the place, date, and all other material facts of the crime charged that are specifically requested and are known to the prosecuting attorney, including the names of persons intended to be defrauded. ![]()
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