Getting Your Case Dismissed
If you have been charged with a crime, there is a chance you can get the case dismissed when working with a seasoned criminal defense lawyer. They will have the ability to evaluate your case and the various available evidence to determine the possible strategies to obtain a dismissal. This process starts with your attorney determining whether there are any grounds on which a case can be dismissed, and the following will review some of the most common strategies for obtaining dismissal.
Errors in Criminal Complaints
The purpose of criminal complaints is to provide some kind of showing that the government has a legitimate reason to prosecute the defendant, as well as clearly inform the defendants of the allegations against them. When submitting a complaint to the court, the law enforcement official must sign the document under oath and attest that the contents of the document are truthful. If your defense attorney finds reason to show that the complaint was not written properly, the prosecution might be required to dismiss the complaint that is initiated against you.
Lack of Probable Cause
Probable cause for arrest exists when facts and circumstances within a law enforcement officers’ knowledge would lead a reasonable person to believe that an individual has committed, is committing, or is about to commit a crime. Therefore, if it is possible to obtain dismissal of your case if your defense lawyer can establish that the prosecution does not have sufficient evidence to support that probable cause existed in your arrest.
When an individual has been arrested and is facing pending criminal charges, the prosecution has to present that there was probable cause to believe that they committed a crime. This means the evidence in the case must show that the law enforcement had basis for believing that an individual committed a crime. If there is a lack of sufficient evidence to support the prosecution’s charges, it is possible to obtain a dismissal because they will not have enough cause to move forward with the case.
Illegal Searches or Seizures
Similar to probable cause, if law enforcement does not satisfy the requirements of The Fourth Amendment, which states:
“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be searched.”,
any evidence that is seized from a search may be classified as unconstitutional and cannot be admitted in a court of law. Therefore, if you were subject to a warrantless search it is important to recall the details of the events leading up to the search and review them with your criminal defense attorney to determine whether your rights have been violated. If your lawyer can establish that your rights have been violated, you may obtain dismissal of your case.
Are You Facing Pending Criminal Charges?
If you feel your case has grounds for dismissal, contact us at Premier Federal Criminal Defenders today. Our dedicated criminal defense lawyers have helped a number of people successfully obtain dismissal of their case. 1-800-455-6200.