Just because you have been charged with a crime does not mean you will go to court, or even have to make a plea. In fact, many cases get dismissed before even going to trial, and the first job of any experienced defense attorney should be trying to get a case dismissed. There are a variety of scenarios in which a defense attorney can get a criminal case dismissed and The Law Offices of Elliot Kanter in San Diego can help! To learn more, give us a call at (619) 330-5881.
Grounds to Dismiss a Criminal Case
There are a few unique scenarios in which a defense attorney can get a criminal case dismissed before trial. Here are the most common grounds for dismissal for a criminal case.
A Lack of Good Evidence
If an individual is arrested, it falls upon the prosecution to present evidence that the accused actually committed the crime. If there is not enough evidence to move forward with a case, criminal charges can be dismissed.
Lack of Probable Cause to Arrest
One of the building blocks of America’s judicial system is that the police cannot arrest an individual without probable cause. Probable cause means they need some kind of factual evidence to suspect a crime, rather than relying on “instinct” or “feel”. If an individual is arrested without probable cause, the case can be dismissed. However, if at a later date sufficient evidence is discovered, the charges can be re-filed.
An Illegal Stop or Search Led to Charges
A police officer is not allowed to randomly stop a vehicle unless they break the law or the officer has evidence that would lead them to reasonably suspecting a crime is committed. Once stopped, officers can only search a vehicle if they have a warrant or under special circumstances, and the same rules apply to your home or other personal property. If police search your vehicle or property without a warrant or under special circumstances, all evidence from the search is dismissed. Once the evidence is dismissed, you can request for the entire case to be dismissed as well.
Unavailable or Lost Evidence and Witnesses
A key part of any criminal case is the testimony of an eye witness and the presentation of evidence. If for some reason evidence is lost and witnesses are unavailable, the prosecutor may have no choice but to dismiss charges against the defendant.
Get Your Criminal Case Dismissed in San Diego
These are just a few of the most common grounds to dismiss a criminal case before trial. If you are charged with a criminal offense, it is absolutely essential to immediately hire a criminal defense attorney to try to get the charges dismissed. At The Law Offices of Elliott Kanter, we specialize in criminal defense and have a track record in San Diego of getting criminal charges dismissed. If you are interested in learning more or would like to schedule a free consultation, give us a call at (619) 330-5881.