Examples of How Criminal Charges Can Be Dismissed
If you want to learn about examples of how criminal charges can be dismissed, you have come to the right place. When an authority, like police or public prosecutor, makes a formal accusation that you have committed a crime, then it is called a criminal charge. In this post we will go over some straightforward examples of why and how criminal charges may be dismissed. If you’re dealing with your own criminal charges, you may learn something important that will impact your future.
In addition to this and before you continue with this post, feel free to check out these articles below. They are on similar subjects and will also be very helpful if you have questions about criminal charges.
- How to beat drug manufacturing charges
- How to get drug possession charges dropped
- Will a criminal record ruin your life
- Are lawyer consultations confidential
9 Examples Of How Your Charges May Be Dismissed!
Where sufficient evidence is not available
There needs to be sufficient evidence to prove that you have committed the crime. If the prosecutor cannot present enough evidence for conviction or if the defense lawyer counters that there is a lack of evidence, the criminal charges will be dismissed.
When the prosecutor does not find a probable cause
When the police arrests you, your case is first reviewed by a prosecutor who charges that you have committed a criminal offense. If the prosecutor does not find any probable cause to back up the charge, then your case can be dismissed. Your criminal defense attorney can consult your prosecutor to persuade the prosecutor that there is no case against you.
When the judge dismisses the charges against you
If the judge’s assessment tells that the prosecutor’s case is legally defective to back up your charges, then your charges may be dismissed. The judge may also let the prosecutor present the case to the jury so that the jury can assess the evidence.
When the police violate your civil rights.
The police are required to state the Miranda warnings so that you are aware that you have the right to remain silent and anything you say may be held against you. You also have the right to obtain the legal counsel of an attorney. If the police do not provide you information about your civil rights, they cannot use any information you say to them after arrest. In such cases, the charge will be dropped.
When key evidence is lost
The law enforcement officers are legally bound to carefully preserve the key evidence necessary to prove the crime. If that evidence is somehow lost or destroyed, the prosecutor will have to dismiss the charges.
When there is a mistake in the written criminal complaint
Sometimes the police officer makes mistakes or forgets to provide essential information that are needed to move the charge forward. Only the officer who wrote the document can modify the complaint under oath. For some reason, if the officer is not available to correct the complaint charges, then the criminal charge will be dismissed.
PRO TIP: Read our list of felony friendly jobs. We know it will be helpful if you have a criminal record.
When the police searched you illegally
To search you in your private home the police need search warrants or special extenuating conditions to search without a warrant. Similarly, the police are required to have valid reasons to stop your car. If your home is searched randomly or the police stop your car without any reason, it is considered a violation or illegal search. If the police obtain any evidence or information during such illegal searches, that evidence can be suppressed. During such scenarios, the prosecutor will not be able to charge you.
When the police force you to make a confession
If you can prove that the police forced you to make a confession through any sort of coercion, then your charge will be dismissed. Coercions can be in the form of physical assault or threat of physical assault, or any illegal ways.
When the witness of the crime is not unavailable
Witnesses often serve as the key informant to support that the person who is charged is guilty. If the witness does not testify, then the charge must be dismissed. The witness may die, disappear, or decline to testify later for being unsure about identification or due to Fifth Amendment. In such scenarios, the order may have to be dismissed.
In conclusion, these are some examples of how your criminal charges can be dismissed.
Just having criminal charges against does not mean that you will be prosecuted or penalized if there is a criminal charge filed against you. It is often a good idea to get legal counsel from a defense lawyer to help you dismiss the charges.
Law firms such as Barkemeyer Law Firm of Louisiana have locations throughout Louisiana and can explain the likelihood of your charges getting dismissed. At the very least, Barkemeyer Law Firm can help reduce charges and get you the best outcome for your case.
We hope you learned some examples of how criminal charges can get dismissed and wish you all the best.