Have you been charged with a crime? A criminal record can make it difficult to find a job, secure housing, and participate in society. At Perlman & Cohen, we fervently believe everyone is innocent until proven guilty.
If you have been charged with a crime, we explore all available options, including getting criminal charges dismissed. While we cannot get charges dismissed in all cases, it is one of the options we will discuss during your initial consultation.
Learn more about getting criminal charges dismissed below. Then, contact us for a free case review.
Yes, a criminal case can be dismissed in California if there are legal grounds, such as insufficient evidence, procedural errors without prejudice, or if the defense files a successful motion.
There is a common misconception that getting a criminal case dismissed is egregiously difficult or even impossible. Though the vast majority of criminal cases are not dismissed, there is the potential for dismissal, especially if the defendant has a savvy and experienced criminal defense attorney in his or her corner.
The bottom line is that there are some instances in which criminal prosecutors have no other choice but to accept that a case must be dismissed. The judge can also determine that the defendant's rights were violated and dismiss the prosecution's case. Let's look at the many reasons why criminal cases are dismissed.
The United States legal system has inherent safeguards designed to prevent faulty criminal convictions. Though such safeguards are not guaranteed to work in every case, they can potentially result in a dismissal of criminal charges that ultimately prevent a miscarriage of justice.
Everyone charged with a crime should know that two parties can dismiss criminal charges. The judge presiding over the case is one of those parties. The judge is empowered to dismiss criminal charges after determining that insufficient evidence has been presented for consideration.
However, insufficient evidence supporting the charge is not guaranteed to lead to dismissal. The judge might permit the prosecutors to present the case before the jury and allow the jury to consider that supposed proof.
Furthermore, the judge has full authority to drop the criminal charges against the defendant if he or she finds that the prosecutor's case is legally flawed.
The prosecutor is the other party capable of dismissing criminal charges against a defendant. This individual also initially charges the supposed criminal with the offense. The prosecution must provide probable cause indicating the defendant committed the crime.
However, suppose the defendant's criminal defense lawyer convinces opposing counsel that the case presented is flawed. In that case, the district attorney or prosecutor may file a motion to dismiss the case.
The legal grounds for dismissal are central to its justification. For example, the police who performed the arrest might have illegally searched the defendant or his or her property. The police must provide a search warrant or have the individual in question's permission to perform a pre-arrest search. The failure to obtain a pre-arrest search or a search warrant violates the defendant's Constitutional rights.
An illegal search has led to criminal cases dismissed before. Furthermore, if the police violated the defendant's rights when investigating, the court could exclude the evidence collected. This removal of such evidence can lead to the prosecutor dismissing the charges as there is insufficient proof of the defendant's supposed guilt.
A legally defective arrest is another reason for dismissing a criminal case. In short, police must have probable cause before arresting someone. To obtain the indictment or arrest warrant, the prosecution must satisfy a judge/grand jury, proving sufficient evidence to charge the individual in question with a crime. If the court determines police failed to gather sufficient evidence in support of the criminal charge, the prosecution might decide to just dismiss a criminal case on that charge after the preliminary hearing.
Though it is disturbing to think about, police sometimes coerce confessions from supposed criminals. Such coercion can be performed through verbal suggestions or verbal/physical threats. A confession cannot be used in a court of law unless provided voluntarily. Coercion will likely spur the judge to eliminate the confession from consideration, ultimately leading to a dismissal of felony charges in the case.
Prosecutors cannot pursue charges if they do not believe the defendant committed the crime. The prosecutor must prove the defendant's guilt beyond a reasonable doubt, and the defendant's criminal defense attorney can create such doubt with an alibi.
The presentation of an alibi witness or other evidence proving the defendant did not commit the crime in question sets the stage for the charges to be dismissed. However, merely presenting the evidence does not guarantee the prosecutor will dismiss the charge.
For example, a spouse serving as an alibi witness who states the defendant was in his or her presence when the crime was committed might not qualify as a credible witness as that individual has an inherent interest in helping the defendant.
The defendant's attorney can also negotiate a plea agreement. A guilty plea to a lesser charge, such as a misdemeanor, drops a comparable serious felony charge. Though this approach does not immediately clear the defendant's criminal history, it ends the case.
If the defendant agrees to plead guilty to a lesser charge, the more serious charges could be dismissed. The case can also be dismissed if the defendant agrees to cooperate with the police and prosecution on a larger, more important case.
For example, an individual accused of possessing drugs could walk free without penalty for helping police identify and arrest the drug lords in charge of the overarching drug distribution ring.
The presentation of evidence is central to criminal cases. However, police have lost the evidence necessary to prove a criminal's supposed guilt in prior cases. What if important evidence is lost and the remaining evidence cannot prove the defendant's supposed guilt? The prosecution might have no choice but to either plead guilty or dismiss the criminal charges.
Eyewitness testimony has the potential to make or break certain criminal cases. If the witness in question is no longer alive, too sick to testify, cannot be located, or is unavailable for another reason, the prosecutor may drop the criminal charge, ultimately dismissing the case.
Prosecutorial misconduct occurs when a prosecutor acts improperly or unethically in their role. They sometimes violate the defendant's rights. Examples of such misconduct include withholding exculpatory evidence from the defense, presenting false testimony, or improperly influencing witnesses.
When such actions are discovered, they can significantly undermine the integrity of the trial. This could lead to the dismissal of charges.
Just because you are facing criminal charges does not mean you are guilty. At Perlman & Cohen, we always put the needs of our clients first. We will explore all options available, including a potential case dismissal.
While we cannot promise this will be the outcome of your case, our skilled defense attorney will put forth the strongest possible defense. Contact us today to schedule a free case consultation.