It is possible to get your criminal charges dismissed. First, you must understand that you’re innocent until otherwise proven guild. And if you’re interested in fighting the charges and securing your freedom, according to Barnes Law, it is in your best interest to seek the legal counsel and representation of an experienced criminal defense lawyer. So what are your options?
In case you cannot get your criminal charges dismissed, you have two options: one, plead guilty, and two, go to trial. In any criminal case, the defendant is given a plea deal or can choose to go to trial. Accepting the deal means admitting that you committed the crime. On the other hand, taking your case to trial means you will incur a lot of expenses, and your fate is in the hands of a jury.
Getting your criminal charges dismissed
Though you might be innocent, it is your job to prove that you’re indeed innocent. Note the justice process is long, and there is a good chance you will have countless sleepless nights before your case ends.
The first step in getting your charges dismissed is by making sure that you understand the specific charges filed against you. Do they fall under the misdemeanor category, or you’re facing felony charges? What the specific penalties associated with these charges, and are there long term consequences? Could a conviction jeopardize your career?
The next step is to hire an experienced criminal defense lawyer who can act in your best interest. Schedule an initial meeting with the attorney so that he or she can listen to your side of the story. The lawyer will help you understand the charges and the possible consequences of a conviction. It is possible for your lawyer to analyze your case, identify some violations, and get your case dismissed. Here are some of the ways you can get your charges dismissed.
There was no probable cause of arrest
Generally, the police will need a probable cause to arrest the accused. That means the offer cannot just arrest you just because he or she has a ‘hunch’ that you are up to anything good. He or she must provide a convincing explanation for the arrest.
Challenge the complaint
The law enforcement officers are required to sign criminal complaints under oath. In case the criminal complaints against you have serious errors, your criminal defense lawyer can file a motion to get the charges dismissed.
All US citizens are entitled to protection from illegal stops, seizures, and searches in accordance with the Fourth Amendment of the United States Constitution. The police officers will need a probable cause to arrest you and must follow the right channel to perform searches. If any of the relevant laws are violated, then your lawyer can work toward getting the allegations dismissed.
Your arrest is the starting point of your case, and the prosecution must prove beyond any reasonable doubt that you’re guilty. Inadequate evidence can make the jury dismiss your case.