For instance, the more motions that are filed and granted, the less evidence there will be for the prosecution. This will bolster the defense case and provide for a stronger position in plea-bargaining. A motion to dismiss attacks the fundamentals of the prosecution. Such motions should be filed as soon as possible. Motions to dismiss usually attack the jurisdiction of the court to proceed against the defendant for violations of due process such as double jeopardy or violations of the statute of limitations.
Due process is a legal concept for determining what is fair and what violates constitutional rights.
A motion to dismiss based on double jeopardy would attack the ability of the court to allow the prosecution based on the fact that the defendant had already been prosecuted or the prosecution was not brought in a timely fashion. A defendant can also file a sworn motion to dismiss. A sworn motion to dismiss states the facts of the prosecution and claims that these facts are not disputed. In addition, a sworn motion to dismiss states that the undisputed facts do not prove that a crime was committed. Questions of law are not determined by a sworn motion to dismiss, nor are questions of disputed facts.