Being charged with a crime is like the world has come to an end. You are in a state of anxiety. So what next? Is it possible that this nightmare will pass away?
The response may shock you. People believe that criminal cases are less frequently dismissed than in reality. Not all charges end in a trial or conviction.
What Does Case Dismissal Really Mean?
Once a criminal case is dismissed, it is over. No trial. No conviction. Your charges disappear from your record like nothing ever happened.
Dismissal does not occur magically. There should be definite legal causes. So let us crack them down into the seven strongest ones.
1. Lack of Evidence
The state has to establish guilt beyond a reasonable doubt. They are unable to do so sometimes.
Perhaps, witnesses flee. Pieces of evidence are lost. There are major gaps in key facts. In many cases, charges may be dropped when the prosecutors know that a trial will not bring victory.
This happens more often than you would think. Weak cases fall apart once they are under examination.
2. Illegal Search and Seizure
Without warrants or a justified cause, police are not allowed to search your place.
Was your car ever searched by officers without any cause? Burst into your house unlawfully? Any evidence that they discover is discarded. In the absence of such evidence, cases tend to fall.
These are the violations smart defense lawyers seek. A single unlawful search is able to wipe out a whole case.
3. Violation of Rights During Arrest
There are rules that police are bound to obey in arresting suspects. They should read Miranda Rights. They are not allowed to apply excessive force. They must prove probable cause.
Violate these rules? The arrest is rendered illegitimate. Any evidence obtained later is excluded. Criminal cases established based on a bad arrest hardly stand a chance.
4. Prosecutorial Misconduct
Prosecutors hold a tremendous amount of power. But they have to play fair.
It is against the law to withhold evidence from the defense. And so is telling lies to the court. It is also unacceptable to offer deals to witnesses to alter their accounts.
Judges dislike misconduct. When it emerges, cases get dismissed promptly. Justice only works on the principle of fair play.
5. Statute of Limitations Expired
Any criminal offense is subject to a statute of limitations. Two-year limits may apply to minor crimes. More severe felonies might take more time.
Take too much time to bring charges? Too bad. The case dies. This statute of limitations saves individuals from being charged with crimes that are decades old.
Some crimes, such as murder, have no statute of limitations. But many of them are.
6. Double Jeopardy Protection
The Constitution does not permit a person to be tried twice on a single crime. Be acquitted once? You will never be in danger.
This is deep protection. Prosecutors cannot retry you even in case new evidence appears at a later time. They have one chance to get a shot.
The double jeopardy rule is applied to acquittals rather than to mistrials or appeals.
7. Insufficient Legal Basis
Some arrests are not based on a legal basis. Perhaps what you did is not forbidden by the law. It is possible that the accusations do not correspond to the supposed behavior
Criminal statutes are analyzed by defense lawyers. Forgot to do one of the things you need to do? The case is lost.
Technical? Yes. But those details matter greatly in court.
When Dismissals Actually Happen
Automatic dismissals should not be expected. They have to defend them against the defense lawyers. They make motions. Present arguments. Challenge evidence.
There are pre-trial dismissals. The other ones occur during the trial when something is going wrong. There are a couple that happen when the prosecutors understand that they will not win.
The timing differs; however, the outcome is the same. Case over.
Your Next Steps
When confronted with criminal charges, there is tangible fear. Nevertheless, do not forget that charges are not convictions. Numerous cases are dismissed. Get Help Now: Felony, Misdemeanor & Infraction Defense Strategies
Get experienced legal assistance right away. Defenders in public are among the most overworked of professionals. Private lawyers often offer more specialized services. Felony Charges? Here’s How to Minimize Damage to Your Career & Life
Don’t wait. Evidence disappears. Witnesses forget information. The sooner you do it, the safer your future will be.
It is possible to dismiss criminal cases. These seven reasons demonstrate exactly the way it occurs. You could fall under one of these categories. Learn about what kind of legal strategy might suit your particular case.
