Why Would a Judge Dismiss a Criminal Case?

Many individuals with upcoming court dates ask, "can charges be dropped?" It is essential to hire an attorney for defending a criminal case immediately if you are facing charges. With the right attorney, the chances of having your charges dismissed are much higher.

The good news is that, yes, sometimes a judge may dismiss criminal charges. However, it takes an excellent attorney to argue your case. It is not a chance that you should take alone in court. A criminal defense lawyer will start working well before your court date to put together a case on your behalf. With sound proof and a proper investigation, it may be possible to have all your charges dropped.

There must be solid legal grounds to have your criminal case dismissed. Keep reading to learn more.

Legal Grounds for Case Dismissal

Even if law enforcement arrests you and charges you with a crime, you are still entitled to your legal rights. These rights protect you from the moment the police begin their encounter with you and carry through the investigation. If you can prove that law enforcement did violate your rights, a judge may dismiss your case.

If any of the following situations apply to your unique circumstance, a judge may dismiss your case:

• There was no probable cause for arrest.
• An illegal stop, search and/or seizure took place.
• Law enforcement failed to read your Miranda Rights upon arrest.
• Law enforcement denied you the right to speak to an attorney.

However, these are not the only grounds for a case dismissal. In the United States justice system, a prosector's office must be able to prove beyond a reasonable doubt that you are the individual responsible for the alleged crime.

Other scenarios where a judge may dismiss a case on legal grounds include:

• A lack of evidence to incriminate you.
• A loss or mishandling of evidence in the crime.
• Mistakes or missing elements of a case report.
• Witnesses who do not testify.
• The statute of limitations on your charge has lapsed.

All of these situations can lead to a case dismissal before you have to enter a plea or go to trial. If you are wondering, "Can charges be dropped?" the answer is that sometimes they can. However, you need an aggressive attorney fighting on your side.

Can a Case Be Dismissed After Deposition?

In a criminal case, potential witnesses may provide what is known as a deposition before trial. A deposition is a sworn testimony that prosecutors often use to protect against perjury and to ensure they have a strong case against the defendant.

Depositions take place during the investigation process. As part of the investigation process, an attorney may find out during a potential witness' testimony that law enforcement did violate your rights or that there is not sufficient evidence to convict you. If this is the case, the courts may drop your case after a deposition.

Can Felony Charges Be Dropped?

For those facing felony charges, the question of whether or not a judge can dismiss the case is even more pressing. Since a felony conviction can affect the rest of your life, you must have an attorney who will go to great lengths to protect your rights.

Even if you are facing felony charges, all of your rights are still intact. You are always protected against illegal stop, search, and seizure, as well as all other noted rights. What this means is that if police or investigators violate those rights, a judge may dismiss your case.

Additionally, before going to trial, the prosecutor's office and a grand jury will review the evidence against you. If there is a substantial lack of evidence, a grand jury or a judge may dismiss your case. Do not assume that because you are facing felony charges, there is no hope. You can still fight the charge.

What Happens When a Case is Dismissed

When a criminal case is dismissed, you will not have a conviction on your record. This is excellent news, as many employers ask whether or not you have ever been convicted of a crime on job applications. Additionally, landlords may run background checks on you before letting you sign a lease. But be aware, the charge will still appear on your arrest record.

There are several types of case dismissals and critical information to know about each one. First, there are ways a prosecutor or state attorney can dismiss a case. They can decline to file formal charges, often resulting in what is called a NO INFORMATION or DECLINE TO CHARGE document. They can also NOLLE PROSSE a case, meaning dismiss the specific case/charge. Alternately, a Judge can suppress evidence that causes a prosecutor to not be able to prove their case any longer. This is done by what is called dispositive motions to suppress. A Judge granting a motion like this, renders the prosecutors case less valuable and hurts their case significantly. Lastly, a Judge can dismiss a case upon granting a Motion to Dismiss that is filed by the Criminal Defense Attorney, even though the prosecutor wishes to proceed.

Additionally, a case can be dismissed with prejudice, which means that a judge determines the case is settled. It cannot move forward at any time in the future. If a judge dismisses your case without prejudice, the prosecutor may choose to pursue the case again down the road if new evidence arises.

Requesting Expungement

As criminal charges remain on your arrest record, even if the charges against you are dropped, it is essential to know that you can request expungement to seal the case. To have your case expunged from your record, you will need to file formal paperwork with the courts. Your attorney will be able to help you through this process, as it can be tedious. Not submitting the correct documents or following the proper steps can delay the expungement process, and you want your criminal charges off your arrest record as soon as possible.

If you are facing criminal charges, know that they can be dismissed even if they are felony charges. However, you must hire an aggressive criminal defense attorney to represent you and protect your rights.