Getting A Case Dismissed In Garland Municipal Court Based On Legal Errors
Reviewing The Complaint
Garland Traffic Ticket Attorney
There are a variety of reasons why a ticket in Garland Municipal Court can be dismissed. However, one of the most relied upon excuses for having a ticket dismissed in Garland, Texas is that the complaint was unavailable for review or that it was insufficient to provide adequate notice to the defendant to mount a defense. This article will outline one of those arguments and how we attempt to use the Code of Criminal Procedure Article 45.018 in an effort to get cases dismissed for our clients. If you would like to discuss your particular ticket in Garland with out experienced legal team after reading this article contact us today.
Article 45.018 Of The Code of Criminal Procedure
Article 45.018 is the heart and soul of a legal dismissal. As stated in previous articles, there are two basic reasons for a dismissal of a ticket in Garland Municipal Court. There are legal reasons for dismissal and factual reasons for dismissal. When a case is dismissed due to a violation of 45.018, it is dismissed for a legal issue with the case. The legal issue most cited are those that are meant to protect a person’s constitutional right to procedural due process. The most basic constitutional right cited is that each defendant is entitled to proper notice of the charges against them. If adequate notice is not given, then a proper defense cannot be mounted to prove the innocence of the defendant. The specific code section Article 45.018 has this to say about proper notice that is required in the prosecution of tickets in Garland Municipal Court:
- Art. 45.018. COMPLAINT. (a) For purposes of this chapter, a complaint is a sworn allegation charging the accused with the commission of an offense.(b) A defendant is entitled to notice of a complaint against the defendant not later than the day before the date of any proceeding in the prosecution of the defendant under the complaint. The defendant may waive the right to notice granted by this subsection.
What this basically states is that Garland Municipal Court is legally required to provide a defendant with the copy of a complaint not later than 1 day prior to the first hearing that is scheduled for the case. The reason why this is required is so that the complaint can be reviewed for deficiencies and motions can be drafted to contest those problems. Common arguments we hear in relation to making motions to dismiss based on complaints are listed below:
- A complaint is only required to be given to the defendant on the date of trial. The argument here is that the only thing that qualifies as a proceeding is a trial setting. This is not true. Law.com defines proceeding as the following:
- any legal filing, hearing, trial and/or judgment in the ongoing conduct of a lawsuit or criminal prosecution.
Therefore, any legal hearing a defendant is required to attend counts as a proceeding. This means that if the defendant is required to attend, then the State is required to provide them notice of a complaint as well.
- The State will not dismiss because they can “simply refile the case” and therefore it is a waste of time to dismiss. It is true that the State can refile a case within the statute of limitations. However, the case at hand is legally required to be dismissed based upon a violation of the defendant’s constitutional rights to procedural due process. The State does not get a “pass” for convenience sake. The constitution is too important to protect to be allowing passes. If the State wishes to refile, then so be it. However, what we see in practice is that many times they do not. Even if they do, it puts you in a position of power knowing that you already beat them once and you may be able to do it again.
There are many other arguments that prosecutors will use to try to retain a case that should be dismissed on legal grounds. If you find yourself battling with a prosecutor over legal issues and would like the assistance of an experienced Garland ticket attorney call our office today. You always have the right to an attorney in Garland and should take advantage of it when your driving record, insurance rates and driving privileges are at stake.