A wide variety of cases never make it to trial, despite how it may look at first glance. When you have been charged, you may immediately be worried about the criminal justice system and the penalties that will stem from your case. Luckily for you, there may be hope.
Reasons Your Case Might be Dismissed
Some of the common grounds of a case dismissal include lack of probable cause in your case, an improper criminal complaint, lack of evidence, or an unavailable witness.
No Probable Cause: A police officer can’t arrest you based off of a gut feeling. There absolutely has to be evidence in your case or else probable cause doesn’t exist. For instance, after a robbery, the officer may find you in an alleyway with the stolen items in question. This would be enough for probable cause in the arrest. However, if an officer just saw you walking on the street close to the robbery, this is not probable cause to arrest you.
Improper Complaint: An officer must also sign a document under oath that they are being truthful about the reason why you have been arrested for a crime. If there is an error in this document, then the prosecution must have no choice but to dismiss.
Lack of Evidence: There must be factual evidence that shows that you committed the crime in question. The charges could be dropped if this evidence is incomplete or there is no evidence at all.
Unavailable Witness: What if a case is solely based on the testimony of a witness who is able to prove that they were there and saw the crime take place? What if this witness then fails to testify in court? There may be no choice but to dismiss charges, because the key ingredient to the case is missing. The same can be said about lost evidence.
As you can see, there are many reasons for a dismissal before you even make it to court on your case. This is why it is important to speak to a criminal defense attorney to prepare beforehand. Call us for more information.