When a skilled attorney meets with clients, they are ready to put all of their resources towards building their defense and providing you with the support you need throughout the process. Perhaps one of the questions clients ask most often is whether or not they can get their case dismissed. It will be impossible for an attorney to guarantee a dismissal. But an attorney can evaluate the evidence against you, and determine if a dismissal is possible.
When a case is dismissed, there is no conviction or guilty verdict. Although this result is favorable for the defendant, it does not mean that they are innocent of the crime that they were accused of. I merely means that the Prosecutor could not prove it beyond a reasonable doubt. A criminal record will still reflect that the person was charged with a crime. It will says “Charged crime X – Dismissed.”
Reasons for a Case Dismissal
Looking into whether or not your case could be dismissed will be one of the first things an attorney does when assessing the evidence. Some common reasons for a case dismissal include the following:
Probable Cause: The police cannot arrest a person without probable cause. This is a way of protecting people from being stopped by the police just because they have a hunch or a gut feeling. There has to be a reasonable belief that a crime may have been committed and that the defendant did it. If a person is arrested without probable cause, there may be grounds to having a case dismissed.
Illegal Searches: In some situations, a defense attorney may be able to prove that there was an illegal search of the defendant’s body, his vehicle, his house/apartment or other property. If the Defense attorney can convince a Prosecutor or Judge that the search was done improperly, the charges may be dropped.
Not Enough Evidence: Without enough factual evidence, to support the charges, the case may be dismissed. In some situations, obtaining an attorney early on, can help prevent charged from even being filed.
Violation of the Defendants Rights: If law enforcement does not follow Constitutional procedures precisely, certain evidence could be excluded from court, thus resulting in insufficient evidence to convict. For example, if the defendant was in custody and never had his Mirada Rights read to him, any admission by the defendant could be excluded
In the event that your case is dismissed, you may be eligible to have the charge “expunged.” This means that the mere mention of the charge will be erased from the Court Docket and your criminal record. This requires a separate filing in Circuit Court.
If you are charged with a crime, definitely contact a skilled reckless driving lawyer Fairfax, VA to look over your case. They can answer any questions you may have and determine if there is a possibility of having your case dismissed, or if it is unlikely to be dismissed, they can discuss ways to mitigate punishment by lowering the charges or limiting punishments.
Thanks to our friends and contributors from Dave Albo Attorney for their insight into criminal defense.