Peter Blair | April 3, 2017 | Defense
There are many cases that get dismissed every year because they never make it to trial or a plea. Many reasons for case dismissal include lack of probable cause to arrest, improper criminal complaints, illegal stop and searches, and loss of evidence. Here are some of the most common reasons, explained.
No Probable Cause: Police must have probable cause when they are making an arrest, or else they cannot legally arrest you. If a police officer only has a gut feeling that somebody robbed a store, they do not have the probable cause necessary to make the arrest. Charges may be dismissed in this case. However, if the prosecutor obtains evidence that proves that you robbed the store, they may be able to re-file charges or avoid a dismissal.
Illegal Stop and Search: If the driver of a vehicle was speeding or otherwise breaking the law, an officer has the right to stop the vehicle. However, if they stop the vehicle only because they want to discriminate against the person, the stop is illegal and violates the person’s rights. If police conduct a search illegally, no evidence can be used against the defendant. The defense will then request that the case be dismissed.
Insufficient Evidence: The prosecution must be able to show that there is enough evidence to make an actual case. If they cannot, the charges will be dismissed.
Unavailable Witness: What happens if the key witness in a criminal case is unavailable to testify? The prosecutor may have to dismiss the case because guilt cannot be proven beyond a reasonable doubt. A prosecutor may not have enough evidence without the testimony.
Prosecutor Discretion: In some cases, prosecution may be able to dismiss criminal charges when there are extenuating circumstances. For instance, they may dismiss a charge if there was a very minor charge or if the defendant did not get into any trouble within a year. However, these cases are very rare and should not be expected.
These cases can be extremely complicated depending on the circumstances. Call us today at The Law Office of Peter Blair for more information on how we can help you.