When a skilled attorney, like a criminal attorney Fairfax VA relies on, meets with clients, they are ready to put all of their resources towards building their defense and providing you with the support you need throughout the process. Perhaps one of the questions their clients ask most often is whether or not they can get their case dismissed. Although it will be impossible for an attorney to guarantee the occurrence of a case dismissal, they can overview the evidence against you, and determine if this would be a strategy they could pursue.
Case Dismissals
When a case is dismissed, there is no conviction or guilty verdict. Although this result is favorable for the defendant, it does not mean that they are innocent of the crime that they were accused of. A criminal record will still reflect that the person was charged with a crime.
Reasons for a Case Dismissal
Looking into whether or not your case could be dismissed will be one of the first things they do when assessing the evidence. If there were a possibility of this happening successfully, they would file a motion to have your case dismissed. Some common reasons for a case dismissal include the following:
Probable Cause: The police cannot arrest a person or search their property without probable cause. This is a way of protecting people from being stopped by the police just because they have a hunch or a gut feeling. There has to be a reason. If a person is arrested or is searched without probable cause, there may be grounds to having a case dismissed. The only reason this would not be the case is when a prosecutor has enough evidence to prove the claim.
Illegal Searches: In some situations, a defense attorney may be able to prove that there was an illegal search of either a vehicle or property in order to obtain evidence. If they are successful in doing so, the charges may be dropped because there is not enough evidence to support the claim.
Not Enough Evidence: Without enough factual evidence, to support the charges, the case may be dismissed. In some situations, obtaining an attorney early on, can help prevent charged from being filed.
Violation of the Defendants Rights: If law enforcement does not follow their procedures precisely, any error could result in the rights of the accused being violated and could be a reason to have a case dismissed.
In the event that your case is dismissed, there will be no further information heard by the court. The decision to dismiss a case will come from a judge, usually because they have determined that there is not sufficient evidence or due to one of the above reasons.
A criminal charge is not something to mess around with; a skilled lawyer can help you during this trying time. Call an attorney so that they can begin looking over your case. They can answer any questions you may have and determine if there is a possibility of having your case dismissed.
Thanks to our friends and contributors from Dave Albo Attorney for their insight into criminal defense.