In a criminal case if a defendant files a C4 motion to dismiss and the state traverses...is the motion to dismiss automatically denied or is...

Question

In a criminal case if a defendant files a C4 motion to dismiss and the state traverses...is the motion to dismiss automatically denied or is the defendant entitled to a hearing on the C4 motion before the judge issues a ruling?

Answer

Not exactly as straightforward as it seems, but GENERALLY speaking if a traverse if filed, then the judge should deny the motion to dismiss. I would need a lot more facts to answer your question properly though. I assume you have an attorney to ask such a technical question so you should talk to them. Otherwise, you really should seek counsel to assist you.