When someone commits a crime, usually, they wish they could take the entire situation back. However, the court system is put in place to hold someone accountable for those alleged crimes. It may seem impossible, but there are certain specific instances in which a criminal case can be dismissed, with the help of a criminal defense attorney. In this article, the reasons behind a possible dismissal of charges will be explained and discussed. If you have any questions about whether your criminal case should be dismissed, please contact your attorney. If you do not currently have a criminal defense attorney, consider Emily Latiolais.
The first instance in which a criminal case might be dismissed is due to a lack of probable cause to arrest. In order for an arrest to be legal, the arresting officer must have probable cause to arrest the defendant. This involves having a sufficient reason based upon known facts to believe that a crime has been committed by that person. Without such, the criminal case against the defendant will be dismissed.
Another reason that a case may be dismissed is due to an illegal stop/search. Like probable cause, an officer cannot perform a stop or search without a legal reason to do so. Without a legal reason, an officer cannot stop you nor hold you for questioning unless you are being arrested. In addition, an officer must have a warrant to search your property unless specific permission is given. If these regulations are not met, the charges against the defendant may be dismissed. Your attorney will have to hold a hearing before the Judge and the District Attorney regarding any suppression of evidence that may have been uncovered during any such illegal stop/search. If the evidence to be suppressed is key to the State’s case, this may result in a dismissal. There are many exceptions to this general rule, so be sure to talk through it with your attorney to see if your circumstances warrant a Motion to Suppress.
If there is a lack or loss of evidence against the defendant, the court might dismiss the case against the defendant. The burden is on the State to prove that the defendant is guilty and committed the crime. Without sufficient evidence, the case is less likely to proceed. If the evidence is not sufficiently convincing, the court may consider dismissing the case. Also, if the only evidence lies with a sole witness that is unavailable, the case may be dismissed.
Lastly, a criminal case can be dismissed if an appeal is made to the court of appeal. In this case, the judge will decide whether or not to dismiss the case. The judge may also decide whether or not to dismiss a criminal charge by deciding that it does not fit into the scope of the crime. The prosecuting party may also decide to dismiss the charges if an appeal is won by the defendant.
When criminal charges are filed, the Defendant may feel as though the law is against them. However, getting their case dismissed is possible if the charges are incorrect, unsubstantiated, or some other errors have occurred. Discussing the options and plan of action with a defense lawyer is key to understanding your rights and ability to dismiss your case. You can also ask for help from a legal professional who has experience in this area. If you need advice from a local criminal defense attorney that can assist you with your criminal case, and who has been successful in getting several criminal cases dismissed, then contact Latiolais Law, and let their law professionals go to work for you!