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<\/p>\nCriminal Defense Attorney .\u00a0An early step in many criminal cases is a motion to dismiss the charges.<\/p>\n
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It is a request from the defendant, asking the court to end the case before it ever gets to trial.<\/p>\n
Motions to dismiss can be based on numerous issues and only some of them are granted. While every criminal case is unique, let’s take a look at a few of the reasons why a court will grant a motion to dismiss.<\/p>\n
One of the biggest reasons criminal cases get tossed out of court is a problem with the evidence. This can be an issue with the evidence itself or with how the evidence was discovered or collected.<\/p>\n
In some cases, the evidence will be insufficient to either (a) prove that the defendant committed the crime, or (b) prove that a crime was committed at all. For instance, officers and prosecutors in a drug case may not have fingerprints, an eyewitness, or photo or video evidence proving the defendant possessed drugs; or, they the amount of drugs may not satisfy the possession statute.<\/p>\n
There could also be Fourth Amendment concerns about how the evidence was obtained. The Fourth Amendment protects citizens against illegal searches and seizures by law enforcement officials.<\/p>\n
If law enforcement violated the rules regarding probable cause or a person’s reasonable expectation of privacy, any evidence obtained may be inadmissible in court. And without such evidence, there may not be a case against the defendant. As an example, if an officer did not have a valid reason for pulling over a driver, any evidence that the driver was drunk could be excluded from court, and a judge may dismiss the case.<\/p>\n
Procedural Issues<\/p>\n
The process of prosecuting a case from arrest to sentencing, known as criminal procedure, can be fairly complicated and includes many protections for criminal defendants. And if officers or prosecutors make a procedural error, it could be grounds for dismissing the case.<\/p>\n
A procedural error could be anything from mistakes in the arrest, booking, or bail hearing process to faults in a pretrial hearing or motion. There are also statutory limits on how long prosecutors have to file criminal charges.<\/p>\n
As noted above, criminal prosecutions can be complicated and the consequences can be severe. And there may be additional reasons why a criminal charge could be dismissed. An experienced criminal defense attorney can best help you understand your rights and make sure your case is handled properly. -findlaw<\/p>\n
Contact a criminal defense attorney you can trust, In Law We Trust, John DeGirolamo, Esq.<\/p>\n
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