5 Ways To Get Your Criminal Charges Dismissed
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.
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 certain instances where the state’s prosecutor will not have permissible ground even to hear your case. It is because these people lack the jurisdiction to do so.
However, state and federal courts are different. So, if your case is heard in a court where there is no right jurisdiction, your charges will be dismissed, and your punishment will be overturned.
Your criminal defense attorney in Gwinnett County Courts can help you understand if the court that heard your case has proper jurisdiction or not. If the court that has given you the punishment lacks proper jurisdiction, it will not be valid at the federal level.
2: Lack Of Evidence
The prosecutor must submit proper evidence to the court to prove your guilt. Your charges must have strong evidence to drag you to court, and all the charges against you are pending until the judge or jury finds you guilty of the crime.
The judge may not find admissible evidence to support your case. And, if there is a grand jury who will judge your case, the prosecutor must convince them with the evidence he has brought against you.
However, if there is not enough evidence against you, your criminal charges will be dropped instantly.
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
You might be surprised to know that Gwinnett County Courts can dismiss your criminal charges based on the prosecutor’s discretion. Prosecutor attorneys have this power, and if your charges are minor and you have a clean criminal record, it is possible.
However, if you are arrested recently or within the last year, the prosecutor can refile your original charges. The prosecutor may also decide to eradicate your criminal charges at the victim’s request.
People sometimes find it too traumatic to testify in front of a judge or jury. In that case also, one can discredit the prosecutor on the grounds of minor charges and inadmissible evidence.
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.
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.