Verified by Licensed Bail Bond Professionals•Last updated: March 2026
Definition: A formal request by the defense asking the court to dismiss the criminal charges. Common grounds include: insufficient evidence, speedy trial violation, double jeopardy, or defective charging document.
Category: Court Process · Statute: Florida Rule of Criminal Procedure 3.190 · Source: Florida Legislature
Common Grounds for Dismissal
- Insufficient evidence — The prosecution cannot prove the elements of the crime
- Speedy trial violation — The case was not brought to trial within the required time
- Double jeopardy — The defendant was already tried for the same offense
- Defective information/indictment — The charging document has legal errors
- Stand Your Ground immunity — Self-defense immunity established
What Happens to Bail If Charges Are Dismissed?
If charges are dismissed, the bail bond is exonerated immediately. Cash bail is refunded. The 10% bail bond premium is not refunded (it's non-refundable). Collateral pledged to the bondsman must be returned within 21 days per F.S. 648.442.