What is a C4 motion to dismiss?
Named for its subdivision in the rules, this motion asserts under oath that there are no material disputed facts and that the undisputed facts do not establish a prima facie case of guilt.
How it works. The defense files a sworn motion setting out the facts. The State may file a traverse — a sworn denial — specifically disputing material facts. If the State traverses properly, the motion is generally denied. That's the structural limitation, and it's why these succeed less often than they're filed.
Where they do succeed: cases where the facts genuinely aren't in dispute and the legal problem is that those facts don't amount to the charged offense. Constructive possession cases with no connecting evidence. Charges where an element simply isn't present on any version of events.
The strategic value even in denial. A traverse commits the State, under oath, to a specific factual position early. That has value at trial regardless of how the motion comes out.
It requires the defendant to swear to facts, which has its own consequences and shouldn't be done lightly.
Even when it loses, it pins the State down. That's worth something. ---
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