Are A Motion To Dismiss & A “Demurrer” The Same?

Are A Motion To Dismiss & A “Demurrer” The Same?
Aug 18, 2023 |

You’ve certainly heard of a motion to dismiss a criminal case, but have you ever heard the term “demurrer?” If your attorney talks about a demurrer, you may be able to have your case dismissed. Here’s what the term means, what to know about it, and how to get help from a qualified Texas criminal defense attorney.

What’s A Demurrer?

A “demurrer” is a term that refers specifically to a written objection to the charges against you that states that even if the facts of your case are accurate and true, there’s still no legal basis for the claim to continue. Essentially, this is the same as a motion or petition to dismiss the case.

A good example of a demurrer in a criminal trial is if police officers stopped a defendant who was driving without probable cause and searched their vehicle, which ended with officers finding drugs and drug paraphernalia.

Your attorney could file a demurrer in this case on the basis that even if there were drugs and drug paraphernalia in your car, the police had no right to stop you to begin with. If granted, the demurrer would allow your entire case to be dismissed.


To successfully have your case dismissed, you must be able to clearly show that the claims against you are invalid and why.

If, like the above example, the police did not follow the law when arresting you or investigating the alleged crime, you’ll want to offer the exact statutes that the officers violated and demonstrate what actions they took that were outside of bounds.

In most cases, this requires the experience and skills of a qualified criminal defense lawyer. Your attorney can go over your case in detail and bring forward the most important points.

Get In Touch With An Experienced Texas Criminal Defense Lawyer Now

If you’ve been charged with a crime, one of the most important things to do first is to look at how you might be able to secure a dismissal and file a demurrer or motion to dismiss as soon as possible if you can.

At Segura & Kiatta Criminal Defense, we have the skills needed to provide you with zealous legal representation when you need it most. Contact our office today to learn more about how to get experienced legal help or to schedule your appointment for a free initial consultation by dialing 281.570.6400.

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