Let’s say you represent a client in a criminal matter. You as the lawyer do a lot of work on the case. You investigate it thoroughly. Interviews with all witnesses. You come up with a game plan with your client. And finally, you try to negotiate with the prosecutor to have the charge dismissed or at least reduced to a lesser charge.
The prosecutor says no to this, and the case is set for trial. Specifically a jury trial. Well, anyone familiar with a jury trial in a criminal case knows that the prosecutor has to prove beyond a reasonable doubt in order to convict the defendant. And the jury must unanimously agree on its verdict to find the defendant guilty.
But what many people may not realize is that there is another way to dismiss a criminal charge during a jury trial. And that’s by making a “half-time motion” to a judge. So what is a part time movement.
A halftime motion is exactly what it sounds like. It’s a motion to dismiss made by the defense after the prosecution has finished its head case. Although it is not as simple as it seems, and it cannot be done in all cases. In order to be successful and for the motion to be granted, the defense attorney must file it under certain circumstances. Essentially when a criminal case has several elements for the accusation. Which means that the Prosecutor has to prove several different things to convict the defendant on a single charge.
If the Prosecutor’s Office has not attended one of the elements. Defense counsel can then file a motion to dismiss and argue if the evidence is viewed in the light of the Prosecution’s best view, a prima facie case has not been established, and therefore one of the elements has not been established. fulfilled and the position or case must be dismissed.
In most cases, this type of motion would not apply. The best cases to make this motion are cases involving a specific item. For example, in a home invasion case. Let’s say the defendant was in an area that was closed to the public. But if the Prosecutor has not proven or established that he was aware of this, then he cannot comply with one of the elements of criminal trespass.
Due to the long shot of prevailing with this type of move. Not all cases are applicable. But in certain circumstances and certain cases, this is a motion that can be made to a judge that can result in the charge being dismissed entirely without even going to a jury.