5 Mentionable Signs That a Criminal Case is Weak
There is a conception that criminal case is tough to beat in the trial, but it is wrong. Almost 90% of the cases get dropped before even going to the trial room. And the rest 5 to 10% of the cases have something to work on.
There are many reasons why a criminal case may appear weak in front of the defense attorneys. It could be for less witness, lack of evidence, loss of proper witness, political pressures, or big guns involved, etc.
Here are the top 5 signs that a criminal case is weak, and the case can be solved easily. So keep reading.
Signs that a criminal case is weak
Most of the cases get dropped before getting into the main process with an unofficial meeting with the clients. Some of the reasons are as follows:
1. Faulty arrest
If the arrest needs to be legal, there should be proper cause and reasons for arresting the criminal. Police cannot just arrest someone out of their gut feelings. In court, it does not prove anybody guilty or innocent.
During arresting someone, the member of the law enforcement should base their case with reasonable trust and proof. For example, the police cannot arrest someone with just guessing.
If someone is mobbed and they identify someone but not seeing their face; but a dress or a cap or a hat, then the alleged can get away from it. Because it can easily be changed and there may be thousands of the same dress in the market. So, this could be acknowledged as a weak case.
2. A mistake was made while filing the complaint
When the case goes to trial, the defense attorney will try to find every loophole from the complaint file. That is why writing should be detailed and careful.
A single mistake in the date, name, address, or even in description, the case can fall apart. If you are in bad luck, they can even sue you for harassing them.
3. Insufficient evidence in the hand of the prosecution
Sometimes on the hand of the prosecution, there is not enough evidence to prove someone guilty. It can be called dead end. So, when the alleged is guilty and about to be presented in the court, the prosecutor needs to present enough evidence in front of the jury board.
After reviewing the evidence and the claim of the witnesses, the jury board will decide whether the case is strong and the alleged should be behind bars. Then the whole trial will go on.
Finally, the judge will give their verdict. Among these steps, the first condition is to have enough evidence against the alleged to present the case in the first hearing.
4. Weak witness or loss of evidence
The example of strong evidence is- fingerprints, DNA, snaps, eye-witness, etc. So, when a defendant is arrested, the law enforcement system and the prosecutor both need to have enough evidence. During the trial, the proof will be submitted to the jury board.
If the jury board feels like the evidence and witness against the alleged, the case can be dismissed. Sometimes if the prosecutor feels like the evidence is not enough, they try to dismiss the case before going to the trial with both of the party’s concern.
Sometimes the prosecutor dismisses the case even if the case is strong. In that case, if justice is served, the consequence will not be better. For example, if a minor is caught for small crimes like trespassing, and the defendant does not have any criminal history, then the prosecutor dismisses the case with just a warning.
Sometimes the attorneys dismiss the case to go any further for lacking evidence. In that case, they tend to overlook it without going to trials and solve it informally.
Essential steps in building a criminal case
When someone files a complaint against someone, firstly the police force investigates it for collecting evidence. If they think it is possible to be true, they follow through to the next procedure. After finding some of the evidence against the alleged, they press charge against the defendant.
Then initially, a hearing will be arranged, and investigation will be going on side by side. Then the other steps will be following ending in trial and verdict.
Let us introduce you to the steps to build a criminal case.
- Charge pressing
- Initial hearing before going to trial
- Discovery of the case
- Plea Bargaining
- Primary Hearing.
- Pre-Trial hearing and motions
- Trial and verdict
No case should be considered as a dead-end. Proper investigation and detective jobs can give justice to the victim. When a case is weak in terms of evidence and witness, it will get dismissed by the prosecutor or the jury board. So, the police need to work hard on the building of the case. Otherwise, in some cases, some victims may not get justice.