5 Easiest Ways To Get Your Criminal Case Dismissed
September 18, 2024 | Ahmed & Sukaram, DUI and Criminal Defense Attorneys
A complete dismissal of all criminal charges is the best outcome in any case. While this isn’t an option for every client, a strong criminal defense attorney will always pursue dismissal as the first line of defense.
If the prosecutor agrees to dismiss your case, it means that they don’t want to pursue criminal charges. This may be because there isn’t enough evidence to support their case or because they are choosing not to prosecute for another reason, such as according to a plea deal.
In some cases, a judge will dismiss criminal charges over the prosecutor’s objection. While getting a case dismissed isn’t guaranteed, there are five easy ways to fight for dismissal in San Jose, CA.
1. File A Pretrial Motion To Suppress
A motion to suppress is a pretrial motion where the defendant requests that the court exclude certain evidence from the trial. The evidence can be physical evidence, like DNA or a gun, or statements.
Motions to suppress are usually based on constitutional law. The defense argues that the police or prosecutors violated the defendant’s constitutional rights. They usually do this by illegally collecting evidence or statements.
For example, they could violate a defendant’s constitutional rights by conducting an illegal search or seizure, an illegal stop, or failing to inform the defendant of their Miranda rights.
If the defendant wins their motion to suppress, the evidence is usually excluded. If the evidence is crucial to the case, the prosecution may not have enough to prove the charges. As a result, they will dismiss the case.
2. Participate In A Pretrial Diversion Program
In many criminal cases, the defendant can participate in a pretrial diversion program. If they successfully meet the requirements, the court will dismiss their case. In California, there are different types of pretrial diversion programs, including:
- Drug diversion programs
- Mental health diversion programs
- Military and veteran diversion programs
Your defense attorney can help you find out if you are eligible for dismissal through diversion.
3. Collect Exculpatory Evidence
The prosecutors are lucky enough to have the police on their side to collect evidence. However, your defense attorney can also investigate the case to find exculpatory evidence. If you collect evidence that proves you are not guilty, such as evidence of an alibi or false statement, the court may dismiss your case.
4. Argue That There Is Insufficient Evidence
The prosecution has the burden of proof in every criminal case. They must prove that you are guilty beyond a reasonable doubt.
This is a heavy burden. As the defendant, you don’t have a burden. That means you are not required to prove you are innocent or to put on any evidence. If the government doesn’t have enough evidence, then the judge or jury cannot find you guilty of the criminal charges.
Your defense lawyer can argue that there is not enough evidence to support the criminal charges. They can argue this at a pretrial motion or during trial. If they win, then your case is dismissed.
5. Challenge Scientific Evidence
Sometimes, the prosecution relies on scientific evidence to prove their case. Many judges and jurors are persuaded by scientific evidence. Examples of scientific evidence include:
- DNA
- Fingerprint or hair sample analysis
- Gunshot residue
- Ballistic testing
- Chemical testing
- Autopsy reports
- Blood splatter
While scientific evidence can be powerful in the courtroom, it is not always reliable. In many cases, the police or examiners don’t use the proper protocol. You can always challenge scientific evidence by hiring an independent expert to give an opinion. Their opinion may be strong enough to get the charges dismissed.
Contact a Criminal Defense Attorney
Regardless of how you pursue dismissal, you shouldn’t expect the court or prosecutor to do it on their own. If you are accused of a crime in San Jose, you will need a strong advocate to defend you and fight to get your criminal case dismissed.
Contact the criminal defense attorneys at Ahmed & Sukaram DUI and Criminal Defense Attorneys today to schedule a free consultation.
Contact our Criminal Defense Law Firm of Ahmed & Sukaram, DUI and Criminal Defense Attorneys Today For Help
For more information please contact our criminal defense law firm of Ahmed & Sukaram, DUI and Criminal Defense Attorneys at the nearest location for a free consultation.
Ahmed & Sukaram, DUI and Criminal Defense Attorneys – San Jose Office
1625 The Alameda, Suite 405, San Jose, CA 95126
(408) 217-8818
Ahmed & Sukaram, DUI and Criminal Defense Attorneys – Redwood City Office
600 Allerton St Suite 201G, Redwood City, CA 94063
(650) 299-0500