[§806-86] Procedure for motion to dismiss.

228 words·~1 min read·/hi/chapter-806/806-86

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)The defendant may move in circuit court to dismiss the information on the grounds that the information and its exhibit do not establish the existence of probable cause to believe that the offense charged was committed or probable cause to believe that the defendant committed the offense.

(b)Upon the filing of the motion to dismiss, the court shall conduct a hearing within a reasonable time, but no later than thirty days after filing, except as otherwise agreed upon by the parties.

(c)If the defendant is incarcerated the court shall conduct a hearing no later than fifteen days after filing, except as otherwise agreed upon by the parties.

(d)An information shall not be dismissed due to the failure of the court to conduct a hearing within the periods of time stated above; provided, that if the defendant is incarcerated due to an inability to post the previously set bail and a hearing is not held within the specified time period, the court shall immediately hold a hearing to consider whether the defendant should be released upon reasonable conditions set by the court.

(e)The information and all its attachments shall be considered by the court and made a part of the record at a hearing on the motion to dismiss the information. [L 2004, c 62, pt of §1]