Do you want to know how to get criminal charges dismissed?
Many cases get dismissed before they get elevated to trial or reach a plea. In 2018, 8% of criminal defendants’ cases resulted in dismissals.
If you want to learn how to file a motion to dismiss a criminal case, you came to the right place. Below are the most common reasons. Keep reading to learn more:
Learn the Grounds for Dismissal of Criminal Charges
If you want to learn how to get criminal charges dismissed, find out what’s going on first. Knowledge is a powerful weapon, especially when dropping criminal charges. Expect your attorney to know these grounds, but it’s best to learn them as well.
Understand the following grounds for dismissal of criminal charges:
- The incorrect complaint or charging document
- Lack of evidence
- Loss of evidence
- Lack of probable cause to arrest
- An illegal search or stop
- Unavailable witness
These are signs a criminal case is weak, meaning you can keep your case from escalating to trial. They may also cause a case dismissal even after going to trial. Below, we’ll inspect a few of these grounds for dismissal and give some examples.
Keep in mind that among all convictions in the U.S., 2% to 10% are wrongful. Protect yourself from this abuse and misplaced privilege.
Lack of Evidence Proving the Defendant Committed the Crime
If a prosecutor wants to convict you, they must prove your guilt beyond a reasonable doubt. The court dismisses the case when the prosecutor can’t present substantial evidence.
You can counter the other party with an alibi witness or physical evidence. They should prove you didn’t or couldn’t commit the crime. Remember, not all exculpatory evidence will convince the prosecutor to drop the charge.
For example, a relative offers to be your alibi witness. Because of your familial relation, they may lie on your behalf. It’s better to use other methods to prove your innocence.
Violations of Your Constitutional Rights
The prosecution cannot use coercive police tactics against you. The U.S. Constitution aims to protect you from them. When a judge finds out the prosecution violated your rights, they may exclude the evidence or witness from the trial.
These coercive police strategies include the right to:
- Be free from self-incrimination
- Be free from unreasonable searches and seizures
- To see the evidence against you
- To cross-examine the witnesses against you
- Legal representation during interrogations
If the prosecutor loses evidence or witness, you can get criminal charges dismissed. Don’t wait until it’s too late before you get a lawyer. Find an excellent attorney by Googling “criminal defense lawyer near me.”
Protect Yourself From False Criminal Charges
We hope you learned some useful things from our guide on how to get criminal charges dismissed. Always remember to arm yourself with the right knowledge to prevent becoming a victim.
Are you looking for more helpful guides? Read our other posts and learn more valuable tips today.