Options for Dismissing a Criminal Case at a Hearing
Options for Dismissing a Criminal Case at a Hearing
Struggling with a criminal case? Frustrated with the charges that have been brought against you? It may be possible to get a criminal case dismissed at a hearing. Through strategic legal maneuvers such as a motion to suppress evidence or a motion to dismiss, there are ways to pursue a dismissal and potentially clear a path to a more favorable outcome.
Strategies for Meriting Case Dismissal
When facing criminal charges, you may have the opportunity to opt for a dismissal during a hearing. Whether it is during the initial court appearance or later during trial, there are several methods to explore. One effective route is to challenge the prosecution's case by means of a motion to suppress or a motion to dismiss.
Motion to Suppress: Challenging the Admissibility of Evidence
A motion to suppress involves arguing that certain evidence should not be allowed to be used against you in court. This could entail demonstrating that law enforcement conducted an unlawful search or seizure, thereby violating your constitutional rights. Judges are known to grant suppression motions if evidence was improperly obtained. By having incriminating evidence excluded, the prosecution may find themselves without any viable proof to support the charges against you.
Motion to Dismiss: Addressing Probable Cause
If a suppression motion is successful and the prosecution is left without any usable evidence, they may agree to dismiss the case. Alternatively, defense counsel can file a motion to dismiss the charges directly. This motion asserts that even if the evidence were admissible, there is no probable cause to proceed with a trial. When a judge finds that there is no reasonable cause to believe you committed the crime, they may dismiss the case.
Conclusion
A dismissal at a hearing can be a significant victory in a criminal case. The possibility of obtaining a dismissal hinges on the legal strategies employed and the effectiveness of these motions. Whether it is through a suppression motion protecting your rights or a motion to dismiss highlighting the lack of probable cause, ensuring the representation of a skilled defense attorney is crucial.