5 Ways To Get Your Criminal Charges Dismissed

2 years ago Legal Guides Susmita Sen 3 comments

If you face criminal charges, it can devastate you. If the police arrest you, it can cause an immense fear of conviction.

However, if you don’t know enough about a criminal charge, read more about it here.

If you face such a charge, you must hire experienced criminal lawyers to get you out of this mess. Your lawyer may find your case weak if you tell him all about the details and can prove you innocent in no time.

The police and prosecutors don’t have to look for evidence that might prove you didn’t do the crime. Once they find proof against you, they aren’t obligated to check your side of the story.

Your defense lawyer will investigate your story. They’ll search for proof that tries to show you didn’t commit the crime.

This evidence might:

Confirm where you were when the crime happened
Point to someone else as the person who did it
Show that you were blamed for something you didn’t do
Prove you acted in self-defense

Sometimes, the prosecutor might go ahead with the charges and let a jury decide based on the evidence. But if there’s strong evidence like video or DNA proving your innocence, they might drop the charges.

So, if you want your criminal charges to be dropped, some grounds can help you. Let’s take a look at them here:

1: Lack Of Jurisdiction

There are times when the state’s prosecutor might not have the right grounds to handle your case, lacking proper jurisdiction. State and federal courts operate differently.

If your case is heard in a court without the right jurisdiction, your charges may get dismissed, and any penalty overturned. A Gwinnett County Courts defense attorney can clarify if the court handling your case has the necessary jurisdiction. If not, any punishment imposed might not hold valid at the federal level.

2: Lack Of Evidence

The prosecutor needs substantial evidence to prove your guilt in court. Pending a judge or jury’s decision, charges against you remain pending until a verdict is reached. Admissible evidence is crucial.

However, without it, the judge or grand jury may not find the case compelling. If insufficient evidence exists, your criminal charges could be swiftly dismissed.

3: Lack Of Probable Cause

Police must have probable cause to arrest you or suspect that you’ve committed the crime. It should be much more than a suspicion, and the police need factual details to assume your criminal association with the case.

For example, there is an accident on the road in front of your house. Eyewitnesses say that a red sports car was involved in the hit and run. If you also have a red sports car, the police may have probable cause to arrest you.

However, if you have a black SUV car, and the police still arrest you for the aforementioned hit and run, it makes them biased. Thus, your criminal charges will be dropped due to a lack of probable cause.

4: Discretion Of The Prosecutor

Gwinnett County Courts have the authority to dismiss your charges, especially for minor offenses, based on the prosecutor’s decision. However, if you were recently arrested or have a clean record, they might drop the charges.

Sometimes, the prosecutor might dismiss charges if the victim requests it or if there’s little evidence. This could also happen if the person doesn’t want to testify in court.

5: Illegal Search

Police cannot search your property only because it wants to. They must have a proper reason to believe that they are associated with a crime. If they threaten to search your residence without any concrete reason, it can prove them biased.

Your gender, religion, or race should not be a reason for you to commit a crime. However, if the law enforcement officers have probable cause, they may ask a judge to issue a warrant to search your property.

There are exceptional circumstances where police can search your property without a warrant, but it’s pretty rare. If the police search your apartment illegally and find evidence, it won’t be granted in a court of law.

Dismissal of Charges

The prosecutor may opt to drop charges, typically when evidence indicates someone else committed the crime or no crime occurred.

Court-Ordered Dismissal

A judge might dismiss charges due to legal flaws in the investigation, arrest, or prosecution.

Acquittal

If a jury finds you “not guilty” after trial, no conviction appears in your criminal background check.

Conviction

Pleading guilty or being found guilty by a jury results in a conviction that stays on your criminal record unless expunged.

Further Ramifications

A felony conviction leads to a loss of voting rights, and federal law prohibits firearm ownership for felony or misdemeanor domestic violence convicts.

Some sex offenses require registration as a sex offender.

Conclusion

Are you still with us?

Of course, you are.

And we have discussed the top 5 ways to drop your criminal charges, and only an expert lawyer can help you utilize these grounds to drop the charges.

For further information, reach us in the comment box below. We can get back to you with a reply in no time.

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