Peter Blair | September 6, 2024 | Criminal Law
There are around a million criminal arrests annually in California. An arrest can result in criminal charges. A criminal charge could be a confusing and stressful experience for anyone, but the good news is that a criminal charge does not necessarily mean an individual will be convicted. There are differences between a criminal charge and a criminal conviction.
Below are some of the easiest ways to get your criminal charge dismissed in San Diego, California. But each case is different. Depending on the charge, there are several ways to proceed, and a San Diego criminal defense attorney can help you come up with an effective strategy.
1. Witness Issues
Sometimes, the prosecution relies heavily on a key witness for the criminal charge. If a key witness is unavailable, it may minimize the evidence against the defendant. In some cases, this could lead to the dismissal of criminal charges for lack of evidence. Witnesses could also be unreliable and come off as lacking credibility.
2. Cooperating with Law Enforcement
Working with law enforcement could sometimes lead to a criminal dismissal. For example, sharing info about other local criminals with police could lead to a reduced charge or a dismissal. This will likely happen when the defendant has been charged with a minor criminal offense, like petty theft.
3. Errors
Procedural errors could also result in a dismissal. For example, if law enforcement officers mishandled the evidence or failed to read someone their Miranda rights during their arrest, the procedural error could throw the entire case out.
California courts take procedural errors very seriously. If a defendant does not hear their rights spoken to them at their arrest, their case could be dismissed. Experienced criminal defense lawyers usually catch procedural errors. A lawyer will look into the arrest’s circumstances and ensure that the defendant’s rights were not exploited.
4. Trusted Alibi
Having a trusted alibi could get your case dismissed. An alibi is someone who could explain (and back up with evidence) where the defendant was at the time of the crime. For example, the alibi could show photos of them together at the time the crime was committed. Prosecutors always work to undermine the alibi’s credibility.
5. Lack of Evidence
For an individual to be convicted, the prosecution must have strong evidence against them. But, if there is a lack of evidence, the prosecutor cannot build a strong enough case, and the charges may get dismissed. The prosecutor must have enough evidence to show that the defendant was guilty beyond a reasonable doubt. If they fail to meet the standard, the defendant could file a motion to dismiss.
You May Also Be Eligible For A Diversion Program
California is also known to offer diversion programs for first-time offenders. These programs may involve community service, which the individual can do instead of being convicted. These programs are usually offered to minors or individuals who have been charged with non-violent crimes.
Examples of diversion programs in California include:
- Mental health counseling
- Paying restitution to the victim
- Job skills training
- Drug rehab
California rolled out diversion programs to offer an alternative to a criminal setting. These programs are meant to rehabilitate first-time offenders and get them involved in the community. If a person completes a diversion program, their case may be dismissed. They will then have no criminal record. However, the individual must be willing to accept the diversion program opportunity voluntarily.
Contact An Experienced Criminal Defense Lawyer Today For More Information
A criminal dismissal depends on the charges’ circumstances. However, there are ways to prevent a charge from appearing on a criminal record. A dismissal is likely when you have a top-rated criminal defense attorney navigate through the strategies for you.
Sometimes, arrested individuals don’t even know or understand their rights. A San Diego criminal defense attorney can help protect you.
For more information, please contact the San Diego criminal defense attorneys at Blair Defense Criminal Lawyers for a free consultation, give us a call at (619) 357-4977, or visit our convenient location:
Blair Defense Criminal Lawyers – San Diego Criminal Defense Law Firm
255 Broadway, Ste 1740. San Diego, CA. 92101
24/7
