How to Get a Criminal Case Dismissed?
A criminal conviction can cause you to be in much trouble. To regain your reputation, you need to know how to get charges dismissed. Plea bargains can resolve many criminal cases. Likewise, trials or defense motions can also fix some issues.
In some cases, improving your defenses may be enough to get your criminal case dismissed. Read till the end to know about how to get a criminal case dismissed.
Top 9 Easiest Ways to Get Your Criminal Case Dismissed
There are many reasons for a case’s dismissal. Either the prosecutor or the court can dismiss a case charge on the following grounds:
1. No Genuine Cause to Arrest
The authorities must have reasonable cause to arrest somebody thinking they committed a criminal act.
A police officer cannot arrest someone just because he suspects that person snatched a purse at gunpoint. However, the police must have a valid claim that the individual grabbed the bag.
The police may find an eyewitness or CCTV footage that shows the suspect committing the crime. Otherwise, the judge will dismiss the case.
2. Error in Criminal Charge
When a security official creates a criminal complaint or prosecution record, the official must seal it under oath. The official must do this while paying particular attention to the accuracy of the information.
Following Points, May Create Error to Drop Charges
- If the charge violates state or regional law due to a significant error of judgment. Then, the prosecution cannot hand-edit the record and present it to the judge.
- If the under oath officer has retired or resigned, the prosecutor will dismiss the case with no options.
3. Illegal Search
The police can only examine your vehicle or home if they have a valid search warrant. There can be an exception in some circumstances. Such as, if you consent to the search, you have already been arrested, or some emergency difficulties can arise.
If the search was illegal, the police could suppress all evidence acquired. As a result, the cops may not have a case against you.
4. Lack of Evidence
It is the most common cause of case dismissals. These days, it has been relatively easy to collect evidence in a case. Because of a vast network of CCTV cameras, GPS tracking, call tracking, and other sources. Still, some issues are tricky to proceed with without any evidence.
In these cases, the prosecutor or court both have the authority to dismiss the case.
5. Inaccessible Witnesses or Lost Evidence
If the key witness in a criminal trial cannot appear or has lost evidence. Then the prosecutor can drop the case because there is insufficient evidence to show the accused’s guilt.
Physical evidence is so critical that the prosecution cannot file the case without it for specific scenarios. If a witness escapes or chooses not to appear, the prosecutor will not have enough evidence for a conviction.
6. Negotiating Suspension of the Case for a Pretrial Diversion Program
Pretrial diversion occurs after an offender is charged but before trial. When you enroll in a pretrial diversion program, the prosecution halts, so they drop the charges if the defendant completes the program.
7. Showing Violations of Your Constitutional Rights
Suppose the police have ignored procedures and policies. For example, the police carried out an illegal search or arrest or harassed the family members of the accused. So, the defendant can appeal to dismiss the case based on a violation of his constitutional rights.
8. Attacking the Legal Basis for the Stop
The finest criminal defense attorneys start by addressing the legal &factual basis for the client’s first police encounter.
Frequently, the client’s version of events differs significantly from the officer’s documented statement. Inconsistencies in police officer’s statements might use to discredit their testimony. Also, undermine them in court.
9. Attacking the Forensic Test Results
This sort of evidence may state whether or not forensic lab results were correct. It depends upon the sample’s storage and process.
The defendant can target the credibility and authenticity of these results. If he or his lawyer can convince the court, the court will dismiss the case.
Parties Involving Dismiss Criminal Charges
Many protections exist in the judicial system to protect against false accusations. These protections are sometimes not adequate.
One of these two parties can dismiss the charges:
A prosecutor will launch a criminal prosecution against you if the cops arrest you. The trial must have a compelling reason to charge you.
If criminal defense counsel can persuade the prosecution that your case is flawed. Then, the prosecutor can then move to dismiss the case at the first hearing.
The judge may dismiss the charges. The judge will rule that the evidence is insufficient. In most cases, the judge will allow prosecutors to present their cases to the jury. If the prosecutor’s case is weak, the court can dismiss it.
That’s all about ‘how to get a case dismissed.’ You will most likely contact the experience of the lawyer to help you dismiss your case. Prosecutors can drop allegations quietly. They need arguments before coming to court to submit a cancellation appeal. But, it is not an easy task.
Your attorney can also submit a request to the court asking to drop the charges. Most judges listen to the prosecution and hardly ever drop charges on their own.
Frequently Asked Questions
Yes, the court or prosecution can dismiss a case while having evidence. They can do it during the investigation or arrest.
Why Would a Judge Dismiss a Case?
Here are a few examples:
1. An absence of proof to prove you are guilty.
2. The loss or manipulation of evidence in the course of an investigation.
3. Error in investigation report or missing data.
4. Witnesses who refuse to appear in court for various reasons.
Can I Sue If My Case is Dismissed?
Yes, if a prosecutor starts a lawsuit and helps you drop the charges against you, the defendant has the right to sue for wrongful arrest. However, the statute that allows for an unlawful arrest suit intends to prevent the judicial system’s misuse.
Can I Claim Compensation after Being Found Not Guilty?
Yes, if the court sets the defendant free and the opposition fails to prove him guilty. Then, he can claim compensation for all the expenses during the trial.