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Motion to review sufficent factual basis exist for a criminal charge.

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Pro Se in KY

Junior Member
What is the name of your state (only U.S. law)?Kentucky
How do you effectively motion the court before trial to determine if there is sufficient evidence to justify a charge under the statue for the crime, if there is such a thing?
 


FlyingRon

Senior Member
In Kentucky (as with most states) these motions and determinations are generally made at the preliminary hearing. The prosecution offers the evidence of probable cause. The defense can assert that there are defects, failure to show probable cause, or suppress certain of the evidence or statements made.

On indictable offenses (felonies), such a review is done by the grand jury anyhow.

Unless you specifically waive it, probable cause will be determined before going to actual trial.
 
through whatver statute(s) and state case law regarding reasonable or probable cause your state has and a notice, motion, declaration, and points and authorities supporting that. For example, in CA these are called 995 PC motions.

But you can't do it and should not be pro se. You are wasting your time. You do not have credibility before the court and your arguments will be weak, likely wrong, easily destroyed, and your motion (which also will lack), if its even in proper format is going to be quickly denied.

Why would you be pro se if you dont know how to do it? This isnt school. Its your case. The person facing you:
1. Knows the law, even knows any legal argument you could make, if you knew what you are doing, so will recognize when you are hanging yourself.
2. Has years of training, in fact, a doctorate in destroying you.
3. Has years of experience, destroying many of your "ilk" before you.

Also your before a judge who believes you are a fool, who also has all the years of training and experience and will easily recognize what you lamely attempting to pull off.

Would you operate on yourself?

Did you lawyers dont even represent themselves when they get popped?

Get a lawyer or if you cant afford one, even a PD is better than you for your case.
 
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