5 Ways a Criminal Defense Attorney Can Get Your Case Dismissed in Court

If you’ve been charged with a crime, you’re probably wondering how to get your case dismissed so you can move on with your life. While there’s no guarantee that any criminal case will be dismissed, there are several ways an experienced defense attorney can fight to get the charges against you dropped by the court.

As San Diego criminal lawyers, we’ve successfully gotten cases dismissed for clients in various ways. Here are five of the most common grounds we’ve seen judges dismiss cases on when argued by skilled defense counsel:

1. Lack of Probable Cause

One of the first things your attorney will do is scrutinize the arrest record, criminal complaint, and evidence to determine if there was probable cause to stop, search, or arrest you in the first place. If the police lacked sufficient probable cause that you committed a crime, any evidence obtained as a result of that illegal stop/search/seizure may be suppressed (meaning that evidence cannot be used).

Without that key evidence, the prosecutor may not have enough to prove the case beyond a reasonable doubt and the judge can dismiss the case. A thorough defense lawyer will know what arguments to make in court to challenge probable cause and get the case thrown out on this basis.

2. Insufficient Evidence

Even if the initial arrest was valid, the prosecutor still has the burden to prove every element of the charged offense beyond a reasonable doubt in order to convict you. In preparing your defense, your attorney will carefully examine all the evidence in the case, such as police reports, witness statements, photos, video footage, physical evidence, etc.

If there are major holes in the evidence or it’s simply not enough to support a conviction, your lawyer can argue to the court that the case should be dismissed for insufficient evidence. The judge has the discretion to toss the case before trial if they agree the prosecutor doesn’t have a strong enough case to move forward.

3. Violation of Your Rights

We all have important Constitutional rights in the criminal justice system, such as the right to remain silent, the right to an attorney, the right to due process, the right to confront witnesses, the right to a speedy trial, etc. If any of your rights were violated by police or prosecutors at any stage of the case, it may be grounds for dismissal.

For example, if police continued to interrogate you after you clearly invoked your right to stay silent or asked for a lawyer, your attorney could argue that any statements you made after that point should be suppressed. If your right to a speedy trial was denied, the case could get dismissed on that basis as well. An attorney well-versed in Constitutional law will spot these issues and raise them in court.

4. Lab Results Issues

Many criminal cases, especially drug cases, rely heavily on lab test results to prove the substance was, in fact, an illegal drug. Crime labs must follow very specific procedures in testing and storing evidence and documenting the chain of custody. The machines used also have to be properly calibrated and maintained.

Your defense lawyer will thoroughly review the lab report and records for any problems in the way the evidence was collected, tested or handled. If there are major irregularities, they can argue that the test results are not scientifically reliable and should be excluded. Without that key evidence, the case may fall apart.

5. Prosecutor Agrees to Drop Charges

Finally, one of the most common ways criminal cases get dismissed is because the defense attorney negotiated with the prosecutor to drop the charges. Prosecutors have discretion in deciding whether to file charges and pursue a case. Part of your lawyer’s job is to convince them why they shouldn’t go forward.

There are many reasons a prosecutor may agree to dismiss a case, such as:

• Weaknesses in the evidence
• Credibility issues with the alleged victim or key witnesses
• The defendant completed a diversion program, counseling, community service, or other requirements
• The defendant paid restitution to the victim
• The case is a low priority and not worth the time/resources
• Overcharging by police and lack of supporting evidence
• Mitigating factors that excuse or explain the defendant’s actions

A good criminal defense attorney will know how to approach the specific prosecutor and police agency involved, and negotiate persuasively to get them to dismiss the charges. Often this is part of a broader plea negotiation where the defendant agrees to take responsibility for a less serious charge if the original charge is dropped.

Get Help From a San Diego Criminal Lawyer

As you can see, getting a criminal case dismissed is no easy task – but it is possible in the right case with the right attorney in your corner.

If you or a loved one is facing charges, it’s crucial to understand the potential consequences and your legal options.

The penalties can be life altering and long lasting. Give us a call today to set up a case evaluation with one of our attorneys and learn how to best protect your freedom and future.

Too often, we see clients who “wait and see,” unsure of the legal landscape ahead, only for charges to escalate. They then find themselves backpedaling into a bad defense and an even worse lawyer. Don’t let that happen to you. Protect your freedom. Protect your future. Know your rights.

The contents of this article and blog are meant for informational and marketing purposes only and do not constitute legal advice. Viewing and/or use of the blog does not form an attorney-client relationship. No statements in this post are a guarantee, warranty, or prediction of a particular result in your case.