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Methods For Having A Criminal Case Dismissed:

user image 2022-09-21
By: elenaaustin
Posted in: Acoustic

If you have been accused of a crime, you likely feel anxious and wonder how to escape this predicament. Charges of corruption are frightening and intimidating. They can result in jail time, significant fines, and threats to your reputation and job. However, not all charges have the worst possible outcome.

A skilled San Francisco criminal defence lawyer may be able to reduce the severity of the punishments or even have your criminal charges dropped. Despite the complexity of most criminal cases, there are occasionally more straightforward ways to defend yourself.

Can a criminal case be dropped?

Yes. In criminal cases, the defence lawyer's first task is typically to ascertain whether there are any grounds for dismissal before entering a plea. 

Numerous circumstances are among the reasons for dismissal. Them being:

  •  Lack of a Reason to Believe:

Police must have solid evidence that a suspect committed a crime before they can make an arrest. The mere suspicion that someone may have just robbed the nearby liquor store does not allow a police officer to make an arrest. Objective, factual circumstances must support the officer's conclusion. For instance, if a person matching that description is seen hiding in a doorway further down the street, police shouldn't assume they are the one. 

  • An error in the criminal complaint

A criminal complaint is written by a law enforcement official, who must certify its accuracy by signing the document under oath. A complaint's details must be governed by state and local law. The prosecutor cannot simply hand-edit the complaint and submit it to the court if it contains significant errors or omissions that cause it to violate state or local law. If you feel something is an error in your case, then don't be afraid to talk with experts. A Phoenix criminal lawyer is ideal for you to choose because they have high experience in this kind of cases. 

  • Unlawful stop and search:

A police officer may only pull over a car or a person in the street in certain situations, such as when the driver is exceeding the speed limit or breaking other traffic laws or when the officer has a good reason to believe that a crime has been committed. The case cannot proceed without any of these.

  • Insufficient proof:

To establish the validity of charges brought against a defendant after his arrest, the prosecutor must make their case before a grand jury or a judge. In essence, the prosecution must prove that there is reason to believe that the defendant committed a crime. The case will be thrown out if the evidence is weak or inconclusive.

If you are facing criminal charges, get in touch with a local attorney right away. San Francisco criminal defence attorneys can assess your case and decide how to have it dismissed.

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