March 12, 2022 | Criminal Defense
If you’ve been charged with a crime, you are probably panicking and wondering how to get out of this situation. Criminal charges are scary and intimidating. They carry jail time, hefty fines, and they threaten your job and reputation. But not every charge results in the worst-case scenario.
An experienced criminal defense lawyer can look for ways to lessen the penalties or even get your criminal case dismissed. While most criminal cases are complex, there are sometimes easier ways than others to fight your charges.
Get Your Criminal Charges Dismissed for Lack of Evidence
Getting arrested or charged with a criminal offense doesn’t seal your fate. To get a conviction, the prosecution must prove every element of the crime beyond a reasonable doubt. If the evidence is shaky, the prosecution isn’t going to want to waste their time and risk embarrassment at trial.
A skilled criminal defense attorney will investigate your case and evaluate the evidence against you. If the case looks weak, your legal team can show the prosecutor that they’re likely to lose at trial. That could be enough to get your charges dismissed.
Mistakes by Police Can Lead to Dismissal of Criminal Charges
When you’re arrested, police are required to follow certain procedures. The Constitution protects the rights of those accused of crimes. For example, if the police violated your Fourth Amendment rights by performing an illegal search, your lawyer can ask the court to exclude the evidence and dismiss the charges against you. If that’s the only evidence against you, it’s possible that your case could be completely dismissed.
Other possible mistakes by law enforcement include:
- Failure to advise you of your Miranda rights, leading to possible exclusion of your statements
- Mistakes in chain of custody, making evidence unreliable
- Your arrest was unlawful
- Witnesses were coerced
If police made a mistake at any stage of your arrest, questioning, or handling evidence, it could lead to getting some of all of the evidence thrown out. The prosecution might have no choice but to drop the case.
If your case qualifies for diversion in Kentucky, this is one of the easiest ways to get your criminal case dismissed. For example, many first-time DUI offenders are eligible for a diversion program in Louisville, KY.
If you qualify for a diversion program, you’ll enter into an agreement with the Commonwealth’s attorney to plead guilty to the charges and meet certain requirements for a specified period of time.
If you follow through with all of the conditions of your diversion agreement, your charges will be dismissed at the end of the program. After a period of time, you can usually apply to get the charges expunged from your record.
Consult a reputable criminal defense lawyer to find out if you qualify for a diversion program.
A Strong Defense Can Get Your Criminal Charges Dropped
There are any number of possible defenses that could prove your innocence. Prosecutors hate to lose. If they know that you have a solid defense, they know they are unlikely to win at trial. They may offer you a deal, or they may just decide the case isn’t worth pursuing at all.
Some potential defenses that could lead to a dismissal include:
- You were acting in self-defense
- You weren’t near the scene when the crime occurred (you have an alibi)
- The eyewitness misidentified you
- You were falsely accused
- Other exculpatory evidence
A good attorney will leave no stone unturned when investigating your case in order to build the best possible defense.
Accepting a Plea Deal Can Get Other Charges Dismissed
Many criminal offenses contain multiple related charges. Sometimes it makes sense to plead guilty to one charge in exchange for dismissal of other charges. Sometimes you may have information that leads to a bigger win for the prosecution. Prosecutors have a lot of discretion in how to proceed with your case. An experienced lawyer who understands the motivations of a prosecutor can often help negotiate a plea bargain that’s to your benefit.