If you are currently facing criminal charges, the ideal result is that they will be dropped. There are many reasons that they might be, including these three common reasons that criminal charges are dropped. Do you have questions about what the best defense is for your case, or about how to proceed when facing charges? If so, contact Law Office of Michael L. Fell at (949) 585-9055 for a free legal consultation.
- There is Not Enough Evidence
- Your Fourth Amendment Rights Were Violated
- There Were Procedural Issues
In most cases, if there is not enough evidence to prove that you committed a crime, then the case should not even get to the point where you are formally charged with a crime. If you contact a defense attorney early enough, we can intercede with the District Attorney and prosecutors as they are initially looking at the police reports. We can show them that the evidence they have is not strong enough and convince them not to even bring charges in the first place.
That said, sometimes they do file charges even when there is not enough evidence to do so. If that happens, we can file a motion for the judge to dismiss the case due to insufficient evidence.
You are protected against illegal searches and seizures by the Fourth Amendment. If law enforcement gathers evidence in a way that violates this right, then that evidence should be excluded from the case against you. Consider this example: an officer pulls you over and searches your vehicle without your consent. They discover narcotics and you face drug charges.
If we can prove that the drugs were discovered during an illegal search, then they should not be allowable as evidence. If they were the sole evidence or an important part of it, then the charges might be dropped.
There are procedures that must be followed during your arrest, booking, your bail hearing, and all pretrial activities. If the police and prosecutors doe not follow these procedures, then they might violate your rights. If so, this can be enough for the judge to agree to dismiss the charges.
Procedural issues can also result in evidence being deemed inadmissible, which could then lead to insufficient evidence to continue you trying you. For example, if evidence was not handled with the correct chain of possession protocols, then that evidence might not be deemed admissible.
Call Us Now to Request a Free Legal Consultation
If you have been charged with a crime, or believe that you are about to be charged with a crime, the best thing you can do is to contact an attorney as soon as possible. Reach out to Law Office of Michael L. Fell now at (949) 585-9055 to request a free case evaluation.