People often think that once they’ve been charged, they’ll eventually end up in a trial. However, that doesn’t have to be the only outcome. With a skilled criminal defense lawyer at your side, you may be able to avoid going to trial. Depending on the circumstances, your attorney may be able to file a pre-trial motion that stops a case escalating to the next step. Here are some of the reasons your lawyer can use to have your case dismissed:
- No Probable Cause. When a police makes an arrest, the officer has to prove that he or she has a good reason for that arrest. Police officers cannot just arrest people based on a hunch. For example, it’s late and you’re hungry for a snack. You step into a nearby convenience store and you’re unlucky enough to get inside in the wake of a robbery. If the police arrests you for any reason related to the robbery because you look suspicious, then you can have the case against you dismissed.
Illegal Stop and Search. This requirement carries over when you are in a vehicle or on the street. A police officer cannot stop you unless he (or she) is reasonably sure that a crime has occurred. Beyond that, a lawyer can raise the unconstitutionality of the arrest, and use that and other mitigating circumstances as grounds for case dismissal.
Insufficient Evidence. To prove your guilt, the prosecution must be able to provide evidence for it. Your lawyer can request for a case dismissal on the basis that the prosecution doesn’t have enough evidence to prove your guilt.