TRY ME!
Motion Dismissal Due Evidence
Summary
In Michigan, if youre charged with resisting or obstructing an officer, its crucial to highlight the lack of evidence, such as audio or video footage, to support the charges. Additionally, being charged as both a second subsequent and third habitual offender may be improper, as typically only one designation should apply. Defenses can include proving non-resistance or unlawful officer actions. Consider structuring your motion with an introduction, background, evidence lack, and habitual offender argument. For personalized advice, consult a local attorney.Full Conversation
There no audio or footage of evidence. I never resisted, if i did he would thrown me down. I was not a driver of vehicle and i am not the owner of the vehicle.
Hello, thank you for reaching out. To better assist you, I need to clarify a few points:
*. What specific charges are you facing, and is there any key evidence against you (besides your statement about no audio or footage)?
*. Are there any witnesses who can support your claim that you were not the driver and did not resist arrest?
With this information, I can provide more accurate guidance.
*. What specific charges are you facing, and is there any key evidence against you (besides your statement about no audio or footage)?
*. Are there any witnesses who can support your claim that you were not the driver and did not resist arrest?
With this information, I can provide more accurate guidance.
Resisting or obstruction
Hello, thank you for providing more details. Here are some general points about "resisting or obstructing" charges in Michigan:
- **Definition:** Under Michigan law, resisting or obstructing an officer includes actions that hinder, oppose, or resist law enforcement during their duties.
- **Penalties:** Penalties can range from fines to imprisonment based on the severity and whether it's a repeat offense.
- **Defenses:** Common defenses include lack of evidence (e.g., no footage), proving you did not resist, or that the officer's actions were unlawful.
Would you like to know more about how these defenses can specifically apply to your case?
- **Definition:** Under Michigan law, resisting or obstructing an officer includes actions that hinder, oppose, or resist law enforcement during their duties.
- **Penalties:** Penalties can range from fines to imprisonment based on the severity and whether it's a repeat offense.
- **Defenses:** Common defenses include lack of evidence (e.g., no footage), proving you did not resist, or that the officer's actions were unlawful.
Would you like to know more about how these defenses can specifically apply to your case?
There charging me a second subsequent and third habitual which is illegal they have to charge me one or the other not both
Hello, I understand your concern about the charges. In Michigan, habitual offender designations can significantly impact sentencing. Here are some key points:
- **Habitual Offender Law:** Michigan allows for enhanced sentencing for repeat offenders.
- **Multiple Designations:** Typically, you should only be charged under one habitual offender designation, not multiple.
Would you like more detailed information on how to address this in your motion to dismiss?
- **Habitual Offender Law:** Michigan allows for enhanced sentencing for repeat offenders.
- **Multiple Designations:** Typically, you should only be charged under one habitual offender designation, not multiple.
Would you like more detailed information on how to address this in your motion to dismiss?
I will file a motion for malicious prostitution. My rights were violated.
Hello, it appears there's some confusion regarding the term "malicious prostitution." It seems like you might mean "malicious prosecution."
In Michigan, here's some general information about addressing malicious prosecution:
- **Definition:** Malicious prosecution involves wrongful legal action against someone without probable cause.
- **Elements to Prove:** You must demonstrate lack of probable cause, malice, and that the case ended in your favor.
Would you like more details on how to file a motion to dismiss based on malicious prosecution?
In Michigan, here's some general information about addressing malicious prosecution:
- **Definition:** Malicious prosecution involves wrongful legal action against someone without probable cause.
- **Elements to Prove:** You must demonstrate lack of probable cause, malice, and that the case ended in your favor.
Would you like more details on how to file a motion to dismiss based on malicious prosecution?
No
Hello, I understand you wish to file a motion for dismissal of charges due to lack of evidence. Here are some key points to consider for your case in Michigan:
- **Lack of Evidence:** Emphasize the absence of audio or video footage.
- **Non-Ownership of Vehicle:** Highlight that you were neither driving nor owning the vehicle.
- **Habitual Offender Charges:** Typically, you should only face one habitual offender designation, not multiple.
Would you like more specific details on filing the motion?
- **Lack of Evidence:** Emphasize the absence of audio or video footage.
- **Non-Ownership of Vehicle:** Highlight that you were neither driving nor owning the vehicle.
- **Habitual Offender Charges:** Typically, you should only face one habitual offender designation, not multiple.
Would you like more specific details on filing the motion?
No
Hello, it seems you have a clear understanding of the points you want to argue in your motion for dismissal. Here are some general tips for structuring your motion in Michigan:
- **Introduction:** Briefly introduce yourself and state the purpose of the motion.
- **Background:** Provide a concise overview of the charges and the incident.
- **Lack of Evidence:** Emphasize that there is no audio or video evidence.
- **Non-Ownership of Vehicle:** State that you were not driving or owning the vehicle.
- **Habitual Offender Charges:** Argue that you should not face multiple habitual offender designations.
- **Conclusion:** Summarize your arguments and request dismissal of the charges.
Would you like any more specific guidance on any of these sections?
- **Introduction:** Briefly introduce yourself and state the purpose of the motion.
- **Background:** Provide a concise overview of the charges and the incident.
- **Lack of Evidence:** Emphasize that there is no audio or video evidence.
- **Non-Ownership of Vehicle:** State that you were not driving or owning the vehicle.
- **Habitual Offender Charges:** Argue that you should not face multiple habitual offender designations.
- **Conclusion:** Summarize your arguments and request dismissal of the charges.
Would you like any more specific guidance on any of these sections?
No but write it professionally for me
Certainly, here is a more professional version of your motion for dismissal of charges:
---
**[Your Name]**
[Your Address]
[City, State, ZIP Code]
[Phone Number]
[Email Address]
**[Date]**
**[Court’s Name]**
[Address]
[City, State, ZIP Code]
**Re: Motion for Dismissal of Charges**
**Case Number: [Your Case Number]**
**Honorable Judge [Judge’s Name],**
**Introduction:**
I, [Your Name], respectfully submit this motion to dismiss the charges against me due to lack of evidence. I am currently facing charges of resisting or obstructing an officer and have been designated as a second subsequent and third habitual offender, which I believe is improper.
**Background:**
I have been charged with resisting or obstructing an officer under Michigan law. The incident in question occurred on [date], and I was neither the driver nor the owner of the vehicle involved. Additionally, there is no audio or video footage to substantiate the charges against me.
**Lack of Evidence:**
The prosecution has failed to provide any audio or video evidence to support the claim that I resisted or obstructed the officer. The absence of such crucial
---
**[Your Name]**
[Your Address]
[City, State, ZIP Code]
[Phone Number]
[Email Address]
**[Date]**
**[Court’s Name]**
[Address]
[City, State, ZIP Code]
**Re: Motion for Dismissal of Charges**
**Case Number: [Your Case Number]**
**Honorable Judge [Judge’s Name],**
**Introduction:**
I, [Your Name], respectfully submit this motion to dismiss the charges against me due to lack of evidence. I am currently facing charges of resisting or obstructing an officer and have been designated as a second subsequent and third habitual offender, which I believe is improper.
**Background:**
I have been charged with resisting or obstructing an officer under Michigan law. The incident in question occurred on [date], and I was neither the driver nor the owner of the vehicle involved. Additionally, there is no audio or video footage to substantiate the charges against me.
**Lack of Evidence:**
The prosecution has failed to provide any audio or video evidence to support the claim that I resisted or obstructed the officer. The absence of such crucial
Also add - **Definition:** Under Michigan law, resisting or obstructing an officer includes actions that hinder, oppose, or resist law enforcement during their duties.
- **Penalties:** Penalties can range from fines to imprisonment based on the severity and whether it's a repeat offense.
- **Defenses:** Common defenses include lack of evidence (e.g., no footage), proving you did not resist, or that the officer's actions were unlawful. **Habitual Offender Charges:** Argue that you should not face multiple habitual offender designations.
Certainly, here is a more professional version of your motion for dismissal of charges:
---
**[Your Name]**
[Your Address]
[City, State, ZIP Code]
[Phone Number]
[Email Address]
**[Date]**
**[Court’s Name]**
[Address]
[City, State, ZIP Code]
**Re: Motion for Dismissal of Charges**
**Case Number: [Your Case Number]**
**Honorable Judge [Judge’s Name],**
**Introduction:**
I, [Your Name], respectfully submit this motion to dismiss the charges against me due to lack of evidence. I am currently facing charges of resisting or obstructing an officer and have been designated as a second subsequent and third habitual offender, which I believe is improper.
**Background:**
I have been charged with resisting or obstructing an officer under Michigan law. The incident in question occurred on [date], and I was neither the driver nor the owner of the vehicle involved. Additionally, there is no audio or video footage to substantiate the charges against me.
**Lack of Evidence:**
The prosecution has failed to provide any audio or video evidence to support the claim that I resisted or obstructed the officer. The absence of such
---
**[Your Name]**
[Your Address]
[City, State, ZIP Code]
[Phone Number]
[Email Address]
**[Date]**
**[Court’s Name]**
[Address]
[City, State, ZIP Code]
**Re: Motion for Dismissal of Charges**
**Case Number: [Your Case Number]**
**Honorable Judge [Judge’s Name],**
**Introduction:**
I, [Your Name], respectfully submit this motion to dismiss the charges against me due to lack of evidence. I am currently facing charges of resisting or obstructing an officer and have been designated as a second subsequent and third habitual offender, which I believe is improper.
**Background:**
I have been charged with resisting or obstructing an officer under Michigan law. The incident in question occurred on [date], and I was neither the driver nor the owner of the vehicle involved. Additionally, there is no audio or video footage to substantiate the charges against me.
**Lack of Evidence:**
The prosecution has failed to provide any audio or video evidence to support the claim that I resisted or obstructed the officer. The absence of such
Also include that my charges needs to be dropped due to charging me a second subsequent and third habitual
Hello, I understand your request to include the issue of being charged as both a second subsequent and third habitual offender. Here’s a revised version of your motion for dismissal:
---
**[Your Name]**
[Your Address]
[City, State, ZIP Code]
[Phone Number]
[Email Address]
**[Date]**
**[Court’s Name]**
[Address]
[City, State, ZIP Code]
**Re: Motion for Dismissal of Charges**
**Case Number: [Your Case Number]**
**Honorable Judge [Judge’s Name],**
**Introduction:**
I, [Your Name], respectfully submit this motion to dismiss the charges against me due to lack of evidence. I am currently facing charges of resisting or obstructing an officer and have been designated as a second subsequent and third habitual offender, which I believe is improper.
**Background:**
I have been charged with resisting or obstructing an officer under Michigan law. The incident in question occurred on [date], and I was neither the driver nor the owner of the vehicle involved. Additionally, there is no audio or video footage to substantiate the charges against me.
**Lack of Evidence:**
The prosecution has failed to provide any audio or video
---
**[Your Name]**
[Your Address]
[City, State, ZIP Code]
[Phone Number]
[Email Address]
**[Date]**
**[Court’s Name]**
[Address]
[City, State, ZIP Code]
**Re: Motion for Dismissal of Charges**
**Case Number: [Your Case Number]**
**Honorable Judge [Judge’s Name],**
**Introduction:**
I, [Your Name], respectfully submit this motion to dismiss the charges against me due to lack of evidence. I am currently facing charges of resisting or obstructing an officer and have been designated as a second subsequent and third habitual offender, which I believe is improper.
**Background:**
I have been charged with resisting or obstructing an officer under Michigan law. The incident in question occurred on [date], and I was neither the driver nor the owner of the vehicle involved. Additionally, there is no audio or video footage to substantiate the charges against me.
**Lack of Evidence:**
The prosecution has failed to provide any audio or video
Start a new chat