how can a lawyer get a case dismissed

In general, your lawyer can file a motion to dismiss the case for any compelling reason. While learning how to get a criminal case dismissed, one of the most commonly sought out grounds is a lack of evidence against you. It might also turn out the evidence was illegally obtained.

Full Answer

What does it mean if a lawsuit is dismissed?

What does it mean when a case is dismissed? A dismissed case means that a lawsuit is closed with no finding of guilt and no conviction for the defendant in a criminal case by a court of law.

What happens to a felony charge on a dismissed case?

When a criminal charge is dismissed, you are not guilty and the case is concluded. ARE THERE DIFFERENT KINDS OF DISMISSED CASES? The short answer is Yes, and the difference arises out of whether jeopardy has attached.

Why would a case be dismissed?

When a case is involuntarily dismissed, the judge chooses to dismiss the case against the wishes of the prosecution. This usually takes place when the defense files a motion to dismiss based on a legal reason, such as lack of evidence. At first glance, you might think this has something to do with discrimination or an impartial judge.

What happens for you and your record after dismissed charges?

When this occurs, one of three things will happen:

• The court may schedule another trial on the same charges
• The prosecutor may attempt to reach a private agreement or plea bargain with the defendant
• The prosecutor may voluntarily agree to dismiss the charges

What is the most popular reason that cases get dismissed?

Common Grounds to File a Motion to Dismiss Your Criminal CaseNo probable cause. ... Illegal search. ... Lack of evidence. ... Lost evidence. ... Missing witnesses. ... Failing to state Miranda Rights.

What can cause charges to be dropped?

Why Do Prosecutors Drop Charges?Insufficient evidence. A prosecutor may drop a criminal charge if it is determined that the evidence against the accused isn't strong enough. ... Fourth Amendment violations. ... Procedural issues. ... Lack of resources. ... Willingness to cooperate.

Can a prosecutor drop a case?

While it might not hurt to let the prosecutor know how you feel, the prosecutor cannot dismiss the charges without additional justification. A prosecutor can only drop charges with the approval of the judge. The judge will require more than the victim's wishes to allow the prosecutor to dismiss criminal charges.

What happens if a case is dismissed?

A dismissed case means that a lawsuit is closed with no finding of guilt and no conviction for the defendant in a criminal case by a court of law. Even though the defendant was not convicted, a dismissed case does not prove that the defendant is factually innocent for the crime for which he or she was arrested.

Why do prosecutor's cases get dismissed?

Prosecutors also want to win cases. If a prosecutor sees signs that a criminal case is weak, the prosecutor must either find more evidence to support the case or dismiss it. Some reasons that a case may be dismissed include findings that: Your conduct did not violate a criminal statute.

What are the reasons for dismissal of a case?

Some reasons that a case may be dismissed include findings that: 1 Your conduct did not violate a criminal statute. 2 The prosecution cannot prove that you were engaged in criminal activity. 3 The police violated your rights while investigating the case.

What does it mean when a police case is dismissed without prejudice?

A dismissal without prejudice means that the prosecution can refile the charges later if they decide to do so.

How to win a conviction?

To win a conviction, a prosecutor must prove your guilt beyond reasonable doubt. You can create doubt by presenting an alibi witness or physical evidence that you did not commit a crime. Keep in mind that some exculpatory evidence might not persuade a prosecutor to dismiss the charges against you.

What is pretrial diversion in Indiana?

Indiana law allows pretrial diversion programs that let prosecutors and defendants enter into agreements to withhold prosecution. The agreement usually requires you to seek some form of treatment and remain out of trouble for a specified amount of time.

What is the difference between a plea bargain and a dismissal?

Differences Between Dismissal and a Plea Bargain. A plea bargain has the same effect as if you were found to be guilty at trial. When you enter a plea of “guilty” or “no contest,” the court records will show that you were convicted of the charge to which you pled, and the judge will sentence you.

How many criminal cases will be disposed of in Indiana in 2020?

Most criminal cases never reach trial. In 2020, Indiana courts disposed of 219,000 criminal cases. However, only 483 of these cases went to a jury trial, and 2,970 went to a trial before a judge. Most cases ended with a plea bargain or dismissal.

Why is my case dropped?

You could also have a case dropped due to lack of evidence, which means the evidence against you isn’t strong enough to go to court.

Can you get your charges dropped before trial?

It’s also possible the evidence against you was illegally obtained and therefore wouldn’t hold up in court. Your defense attorney may be able to uncover this situation and help get your charges dropped before trial.

Can a victim drop charges?

If you’re thinking about how to get charges dropped before a court date, you might be curious if a victim can make this decision. Depending on the crime, it’s not entirely up to the victim to drop the charges. However, victims can ask the district attorney to drop the charges, and he or she can take the victim’s opinion into consideration.

Can a prosecutor drop charges before filing?

If you’re not sure of the difference between having charges dropped and a criminal case dismissed, note that the outcome is about the same, but the method is slightly different. In short, a prosecutor can drop charges before filing them.

Why do you want a criminal lawyer?

One is that doing so is the best way to make a strong impression on the prosecutor. When your criminal attorney spends the time to prepare a trial strategy, he is able to show some of his work in those conversations.

How long does it take for a prosecutor to tell if a case is plead em?

Prosecutors have so much experience with these criminal attorneys that they can tell in 30 seconds whether your case falls into the “meet em and plead em” category. They’re not threatened, because it’s generally only a matter of time before clients represented by these criminal attorneys accept a plea deal.

What is the pretrial phase of a criminal case?

In the pretrial phase, your criminal attorney is constantly conversing with the prosecutor about physical evidence, witness interviews, plans for moving the case forward, etc. It is through these conversations that a prosecutor gets a sense of the following two things: Who You Are. Their likelihood of success at trial.

Why do prosecutors use two prongs?

The two-pronged approach works because it helps the prosecutor arrive at a decision that is both subjectively AND objectively sound. The first prong is to make the prosecutor care about you so much that they want to find a reason to dismiss your case.

Why is it important to have a criminal attorney?

This is important because it helps you make the best possible decision regarding whether to accept a plea deal, in the event that your case does not get dismissed.

What does it mean to keep your defenses under wraps?

Keeping some of your defenses under wraps means keeping the prosecutor uncertain about of what to expect at trial, and more likely to feel that, combined with other factors, dismissing your case is the most logical, fair, and well-reasoned thing to do. As you can see, getting your case dismissed is a complicated process.

What is the job of a prosecutor?

Part of a prosecutor’s job is to be aware of this difference and to pursue each case accordingly. In other words, part of your criminal attorney’s job is to demonstrate to the prosecutor that you are one of the good ones. However, as you might imagine, getting your case dismissed is not as simple as proving your excellent character.

Why do you have to dismiss a case?

During the trial, after the prosecution presents its case, the defense may ask the judge to dismiss the charges because the evidence, as far as the law is concerned, is not enough to justify a conviction.

What happens if the judge agrees to dismiss a charge?

If the judge agrees, it might lead to a charge’s dismissal by the judge or make the prosecutor’s ability to carry their burden of proof so limited the charges may be withdrawn. Motions vary on: The facts of your case. Whether the police or prosecutor mishandled your case. Applicable law.

What crimes have no time limit?

Crimes that have no time limit to file charges include: Felony crimes causing a death. Capital or death penalty felonies. Felonies that can be punishable by life in prison. Lying under oath in a capital felony case . Sexual battery, if the victim is younger than 18 and the crime was committed on or after July 1, 2020.

What is the phone number for a criminal defense attorney in Hillsborough County?

In Hillsborough County, call Brett Metcalf, Criminal Defense Attorney, P.C. at (813) 258-4800, for a free and confidential consultation.

Is it scary to face criminal charges in Tampa?

Facing criminal charges in Tampa or anywhere in Florida, for that matter, is confusing and scary. Most people have no idea how to deal with the court process and all the procedures involved. They only know they are dealing with possible jail time, fines, and conviction on their record.

Do you have to prove innocence?

You don’t have the burden to prove you’re innocent. Every crime has different elements – specific acts, knowledge, or motivations – that must be proven for a conviction. If there wasn’t enough evidence to prove all the elements beyond a reasonable doubt, the charge should be dismissed.

Do criminal charges follow the same procedure?

Regardless of your offense, most criminal charges follow the same procedures . There are options and tools, like filing motions based on your situation, that defense attorneys use to improve their clients’ circumstances. This is true whether you’re charged with a DUI, drug possession, theft, or a serious felony.

What does a criminal defense lawyer do after arrest?

After the police arrest you, your criminal defense lawyer will need to investigate to uncover any exculpatory evidence. Exculpatory evidence can perform a few functions, such as: Confirming your alibi. Incriminating someone else.

What happens if the police violate your rights?

Suppression of Evidence. If the police violated your rights when they investigated you, the court might exclude the evidence they collected. Without this evidence, the prosecutor might need to dismiss the charges. The court could suppress evidence for many reasons, including:

What happens if you don't complete the pretrial diversion program?

If you complete the program, the court dismisses the charges. If you do not complete the program, the court sentences you based on your charges. To enter a deferred entry of judgment program, you must waive your right to a trial and plead guilty. In a pretrial diversion program, the court does not require a guilty plea.

What happens if a search violates the Constitution?

If a search violated the U.S. Constitution, the judge could exclude the prosecution from using any drugs, weapons, or other evidence turned up in the search. As a result, the prosecutor might need to dismiss drug charges, weapons charges, or other charges against you.

How does the legal system prevent miscarriage of justice?

These safeguards do not always work. But in some cases, they prevent a miscarriage of justice by forcing the dismissal of your charges. Two parties can dismiss charges:

How many criminal cases end in a plea bargain?

Instead, about 90% of criminal cases end in some form of plea bargain, 8% end with dismissal, and 2% go to a jury verdict. But every case is different, and prosecutors have no choice except dismissal for some cases. Similarly, a judge may determine that your rights were violated and dismiss your case.

Does pretrial diversion require a guilty plea?

In a pretrial diversion program, the court does not require a guilty plea. But the result is the same. If you complete the deferred entry of judgment program, the court will dismiss the charges, and you will not have a criminal conviction on your record.

What happens when a case is involuntarily dismissed?

When a case is involuntarily dismissed, the judge chooses to dismiss the case against the wishes of the prosecution. This usually takes place when the defense files a motion to dismiss based on a legal reason, such as lack of evidence.

What does it mean when a case is dismissed with prejudice?

When a case is dismissed with prejudice, it’s closed for good. Neither party can reopen the case at a later date, and the matter is considered permanently resolved. On the other hand, dismissing a case without prejudice leaves ...

What happens if the prosecutor decides to proceed with the case despite insufficient evidence?

If the prosecutor decides to proceed with the case despite insufficient evidence, your attorney can file a motion with the judge to have the case dismissed based on insufficient evidence. Fourth Amendment violations – as a US citizen, you’re protected against unlawful searches and seizures by the Fourth Amendment.

What happens if there isn't enough evidence to file a case?

Insufficient evidence – in some cases your attorney may be able to convince the prosecutor that there isn’t enough evidence to build a solid case, leading to the prosecutor dropping charges before filing. In other cases, your attorney may be able to present compelling evidence that contradicts the police report.

What happens if you breach protocol?

Breach of protocol – prosecutors and law enforcement officials are bound by strict protocol during an arrest, booking, interrogation, bail hearing, or pretrial activities. When your rights are violated due to a breach of protocol, this may serve as grounds to dismiss the case against you. Inadmissible testimony – the most popular example ...

What happens if your district attorney's plate is full?

If their plate is full, your attorney may be able to negotiate a deal to have your charges dropped or reduced to avoid the hassle of going to trial.

What happens if a jury fails to deliver a unanimous verdict?

When a jury fails to deliver an unanimous verdict, the defense may file a motion to declare a mistrial. The judge may ask the jury to take additional time to deliberate and attempt to reach a verdict, but if it becomes clear that an unanimous verdict is out of the question, the judge will declare a mistrial.

What you need to know about a Child Protective Services (CPS) case?

Child Protective Services (CPS) is the state government agency responsible for investigating reports of child abuse or neglect. Depending on the state, it may be known under a different name such as the Department of Youth and Family Services, Department of Family Services, or Department of Social Services, to name a few.

Tips on how to get a CPS case closed

Can a judge dismiss a CPS case? In short, yes, and going to court may not even be necessary. Here are some ways to get a CPS case closed quickly.

Final Thoughts

After a traumatic separation from both of their children, the Brights eventually found relief when a county court ordered CPS to return Mason and Charlotte to their parents. The judge considered the finding that Mason suffered from Willebrand disease, a clotting disorder that causes bleeding and injuries that may be mistaken for abuse.

What are the grounds for dismissal in a criminal case?

Some grounds for dismissal include: lack of probable cause to arrest. an improper criminal complaint or charging document. an illegal stop or search.

Why can't a prosecutor dismiss a case?

If a key witness in a criminal case is unavailable to testify or the prosecution loses important physical evidence, the prosecutor may have no choice but to dismiss the case because there is not enough evidence to prove guilt beyond a reasonable doubt. In some cases, physical evidence is so important that, without it, the prosecutor cannot prove the case. If a witness disappears, dies, or refuses to testify on Fifth Amendment grounds (because his testimony may incriminate him, in that it shows that he also committed a crime), the prosecutor may not have enough evidence without the witness' testimony.

Why do you dismiss a case if a key witness is unavailable?

If a key witness in a criminal case is unavailable to testify or the prosecution loses important physical evidence, the prosecutor may have no choice but to dismiss the case because there is not enough evidence to prove guilt beyond a reasonable doubt.

What happens if you are arrested in a liquor store?

If the officer arrested a person hiding in a doorway near the liquor store without any physical description from a witness or other basis for concluding that the person committed the crime, the officer made the arrest without probable cause and the charges may be dismissed.

What is an improper criminal complaint?

an improper criminal complaint or charging document. an illegal stop or search. lack of evidence to prove the defendant committed the crime. an unavailable witness who is necessary to prove defendant committed the crime, and. loss of evidence necessary to prove defendant committed the crime.

What happens if a court finds a search was illegal?

If the court finds that a stop or search was illegal and the evidence is inadmissible, the defense can request that the case be dismissed on the grounds that the prosecution has no evidence to prove the charges against the defendant.

What happens if a police officer randomly stops a car?

If an officer randomly stops a person or a car or makes the stop because of the driver's race, the stop is illegal and violates the person's constitutional rights. (Read more about racial profiling and your rights when dealing with the police .)

What happens when a criminal case is dismissed?

When a criminal case is dismissed, then it is over with no finding of guilt or conviction. Legal action has been terminated and the state is not moving forward with the prosecution — at least for now. A case can be dismissed at any time during the process, including before trial, during trial, or even after trial ...

When can a case be dismissed?

A case can be dismissed at any time during the process, including before trial, during trial, or even after trial (if a convicted defendant wins on appeal.)

What is prosecutorial misconduct?

Prosecutorial misconduct. Witnesses are uncooperative or the victim recants. Scientific analysis, such as DNA test results, reveals new information. The defendant has agreed to work with the government in exchange for a dismissal. Violation of the double jeopardy clause. Prosecutorial discretion.

Can a case be refiled before the statute of limitations expires?

It depends. If prosecutors dismissed the case “without prejudice,” they can refile charges any time before the statute of limitations has expired – that is, they can reopen it if they are able to overcome whatever caused the dismissal in the first place.

Can a judge dismiss a case if there is no basis for the charge?

Likewise, a judge can dismiss the case if they find no legal basis for the charge, if the defendant’s rights have been violated, or if the state has failed to prove its case. Judges can dismiss a case either on their own motion or on the motion of the defendant.

Can you get your arrest off your record?

Yes, unless you take additional action. Many people wrongly believe that if their case is dismissed then it automatically comes off their record. The fact of the matter is that the arrest will stay on your record unless you obtain an expunction or nondisclosure — legal mechanisms that allow your record to be destroyed or sealed. Until you get an order granting an expunction or nondisclosure, your arrest will remain a matter of public record and could adversely affect your life, including your ability to get a job or secure a home loan, among other things.