Learn about the possible grounds for dismissal that apply in some criminal cases
Have you been accused of a criminal offense? Do you want to get on with your life as quickly as possible? Seeking a plea deal is one option, but it is certainly not the only one. Depending on the facts of your case, it may actually be possible to get the charges dismissed before trial. This will not only save you from the stress of enduring a trial but also from the stigma of having a criminal conviction on your record.
Here are 3 possible grounds your attorney might be able to use to seek a dismissal in your case.
Typically, if there is insufficient evidence to show that you committed the crime you stand accused of, the case won’t even make it to the point where charges are filed. Instead, your criminal defense attorney may be able to intercede with the DA and prosecutors when they are first going over the police reports and convince them there is no point even bringing a formal charge against you due to insufficient evidence. However, occasionally charges do get filed without sufficient evidence. When this occurs, your attorney can file a motion to have the case dismissed.
Fourth Amendment Issues
The Fourth Amendment protects individuals against illegal searches and seizures by law enforcement personnel. Any evidence that is gathered in violation of a defendant’s rights can and should be excluded from the case against them.
For example, say a police officer pulled over a vehicle for a traffic stop, and then searched the vehicle without a warrant and without consent from the driver. Drugs were discovered and the driver was charged with drug possession. If the defense can show that the search that uncovered the drugs was illegal, the drugs cannot be included in evidence and the entire case will fall apart, resulting the charges being dismissed.
If, at any point during arrest, booking, bail hearing, or pretrial activities, criminal procedure is not properly followed by police and prosecutors, a defendant’s rights might be violated. These issues can be complicated, but in some cases procedural errors can actually provide grounds for dismissing a case entirely.
Attorney Fell Will Scrutinize the Evidence Against You
As an experienced criminal defense attorney, Michael L. Fell is no stranger to the various Motions to Dismiss that may come into play in a criminal case. You can rely on Attorney Fell and his team to work hard to make sure your right to a fair trial is protected every step of the way. We will scrutinize the evidence against you for any possible suggestion of illegal evidence or procedural errors and then aggressively challenge them. We will also conduct our own detailed investigation into the facts of your case in the hopes of uncovering new evidence for your defense that could prove your innocence or cast reasonable doubt on your guilt.
If you need assistance with any kind of criminal charges, please do not hesitate to contact us at (949) 585-9055 now.