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Criminal proceedings take a lot of time and can be draining. If found guilty, you may face a jail term or pay hefty fines. Consider hiring a criminal attorney to help find ways to get the criminal charges against you dismissed. This article discusses ways to get criminal charges against you dismissed.
Ways To Get Criminal Charges Dismissed
1. Failure to comply with court orders and deadlines by the prosecutor
The judicial system requires all parties involved in litigation to abide by the rules of proper practice for the successful prosecution of criminal cases. When either party willfully and repeatedly ignores these rules, the court arrives at a default judgment in favor of the compliant party. For example, if a judge orders witnesses to appear in court and they repeatedly fail to comply for no apparent reason, your attorney may file a Motion To Strike CPLR 3126. The court pronounces a default judgment in your favor within its discretion, resulting in the dismissal of the criminal charges against you.
2. No probable cause to arrest
For you to be arrested, the arresting officer should be convinced without reasonable doubt that you’re guilty of the crime being charged for. For example, if the police arrive at the crime scene and a witness gives a fitting description of you, they will have a good reason to arrest you. If the police arrest you with no probable cause, you can argue that in court and dismiss the case.
3. Illegal search or stop
The police can only search your house, car, or you if they have a proper search warrant or under exceptional circumstances. Assuming the police hear gunshots coming from your home, searching your house will be an emergency, and they won’t need a search warrant.
Additionally, the traffic police can only stop you if they suspect you of a crime and want to search your car to verify it. They can also stop you for violating traffic rules. However, suppose you’re illegally stopped, or your house gets illegally searched. In that case, any evidence found against you thereof cannot be accepted in a court of law, prompting the dismissal of the criminal charges against you.
4. Insufficient or lost evidence
When a criminal case is filed against you, the prosecution must prove your guilt beyond any doubt. In case an arrest is made, the arresting officer must verify the probable cause for your arrest. If there is insufficient evidence against you in both cases, the charges against you won’t hold, leading to dismissal. If the evidence against you goes missing, the prosecution won’t have a case to prosecute.
5. The prosecutor’s discretion
The prosecutor may, at their discretion, dismiss criminal charges against you. If the charge against you is minor and you don’t have an existing criminal record, the prosecutor may dismiss the charges. However, if you get into trouble within a year, the prosecutor can reopen your case. In addition, where the plaintiff went through a traumatic experience, they may request the prosecutor to drop the charges. If the prosecutor determines that the case’s prosecution might be traumatic for the victim, they may dismiss the charges.
Getting criminal charges against you dismissed isn’t easy. Consider consulting a criminal defense attorney to examine your case to determine if there are grounds to file a dismissal motion.