If you are facing criminal charges for a misdemeanor, infraction, or felony, the best possible outcome is to get your case dismissed. This outcome is attainable, but it will require a lot of effort and research. It is worthwhile, however, as it can save you a lot of time as well as thousands of dollars. Each person’s case is unique, but there are some common guidelines that can benefit anyone who is trying to get a criminal case dismissed.
An Attorney Is Essential
Do not attempt to get your case dismissed without the help of a defense lawyer. An attorney will have a much better understanding of the legal system than you and will be able to determine the best course of action. Your defense will gather all the information necessary and determine your eligibility for having your case dismissed. Hire the best defense attorney that you can. Nationally recognized top criminal defense lawyer Evan Hughes insists that your attorney must have “in-depth knowledge of the prosecution process” of your case. The best attorney will “vigorously represent each client to attain the best possible result in every single case.”
Evidence Is Key
A case can be dismissed due to lack of evidence, but there is a catch. For all charges to be dropped there must not be sufficient evidence to prove that even a lesser crime occurred. There can be no reasonable doubt regarding innocence. However, if it is insufficient on all grounds, dismissal is likely.
Make Sure Your Rights Were Not Violated
The United States Constitution protects citizens against search-and-seizures that do not have probable cause. Police are also required by law to read you your Miranda Rights at the time of an arrest. If the police did not have a search warrant if one was required, or if your rights were not read to you, you may have grounds for getting your case dismissed. Your defense attorney will know whether or not to make a motion on these grounds.
Witnesses Can Help
If you have a witness who provides a statement that contradicts that of a person who is pressing charges against you, that gives you an advantage. If there is a witness whose statements are unclear, who does not show up to testify or cannot correctly identify the offender, this witness can be considered unreliable. If the statements the witness made are proven to be false, this witness is not credible. Either of these can lead to your case being dismissed.
Think Carefully about Plea Bargaining
If you are indicted on more than one charge, you can often get lesser charges dropped by pleading guilty to one specific, higher charge. This would simplify the case and result in a reduced sentence. The downside to this is, of course, that you are still pleading guilty to one of the charges. Plea bargaining should be a last resort: use it only if there is no alternative for having the case dismissed.