Let’s say you represent a client in a criminal matter. You as a lawyer do a lot of work on the case. You thoroughly investigate it. Interviews with all witnesses. You come up with a game plan with your client. And finally, try to negotiate with the prosecutor to dismiss the charge or at least reduce it 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 know is that there is another way to dismiss a criminal charge during a jury trial. And that is by making a “half time motion” to a judge. So what is a part time move.

A halftime motion is exactly what it sounds like. It is a motion to dismiss made by the defense after the prosecution has finished its case in chief. Although it is not as simple as it seems, and it cannot be done in all cases. In order for the motion to be successful and 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 District Attorney has to prove several different things to convict the defendant on a single charge.

If the Prosecutor’s Office has not gone to one of the elements. The defense attorney can then file a motion to dismiss and argue if the evidence is viewed in the light most favorable to the prosecution, a prima facie case has not been established, and therefore one of the elements has not been established. completed and the position or case should be dismissed.

In most cases, this type of motion would not apply. The best cases to make this motion are cases that involve a specific element. 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 meet one of the elements of criminal trespass.

Due to the remote possibility of prevailing with this type of movement. 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 outright without even going to a jury.