Can a Criminal Defense Attorney Help me Get My Case Dismissed? If you’re facing criminal charges, the best possible resolution may be getting your case dismissed entirely. Dismissal means that the charges are dropped, and you won’t face a trial or conviction. A skilled criminal defense attorney can certainly help increase the chances of dismissal, but it depends on several factors.
If you’re facing criminal charges, call Combs Waterkotte at (314) 900-HELP or contact us online.
How an Attorney Can Get Your Case Dismissed
What Does It Mean to Have a Case Dismissed?
Having a case dismissed means that the legal process is stopped, and the charges against you are dropped, resulting in no conviction or criminal record for that specific charge (however, you may still have an arrest record, which a skilled criminal defense lawyer can have expunged). Dismissing a case can happen either before a trial begins or during the trial, depending on the circumstances.
- Pre-Trial Dismissal: A case may be dismissed if a judge finds that there’s insufficient evidence, improper procedure, violation of rights, or if new evidence demonstrates your innocence, preventing the prosecution from moving forward.
- During Trial Dismissal: If new evidence emerges, it’s proven that the prosecution cannot meet its burden of proof, or there’s prosecutorial misconduct the case might also be dismissed mid-trial.
How Can a Criminal Defense Attorney Get a Case Dismissed?
A criminal defense attorney evaluates every aspect of your case to find opportunities for dismissal. Here are some key strategies they may use:
- Lack of Evidence: If the prosecution does not have enough evidence to prove the charges beyond a reasonable doubt, your attorney can argue for a dismissal.
- Procedural Errors: A strong defense attorney will scrutinize the arrest process. If there was misconduct or violation of your rights—such as unlawful search and seizure or failure to read Miranda rights—your lawyer could push for dismissal based on these procedural errors.
- Statute of Limitations: In some cases, if too much time has passed between the alleged crime and the filing of charges, your attorney can request a dismissal due to the statute of limitations.
- Coerced Confessions or Illegally Obtained Evidence: If evidence or confessions were obtained illegally, your attorney can file a motion to suppress that evidence. Without it, the prosecution may not have a strong enough case to proceed.
- Inconsistent or Unreliable Witnesses: If witness statements are inconsistent or unreliable, your attorney can challenge their credibility, potentially leading to dismissal.
Factors That Influence Case Dismissal
Several factors can influence whether your case might be dismissed, including:
- Strength of Evidence: Weak or insufficient evidence often leads to dismissal.
- Criminal History: First-time offenders may have a better chance of securing a dismissal, especially for minor charges.
- Legal Representation: Having a skilled criminal defense attorney who knows how to navigate the legal system is critical to increasing your chances of dismissal.
Real Life Examples of How Defense Attorneys Can Secure a Dismissal
Combs Waterkotte’s criminal defense attorneys have secured numerous dismissals in a wide range of case types:
- 2nd Degree Assault: A St. Louis woman was charged after a park altercation. Combs Waterkotte secured a dismissal due to weak evidence and negotiations.
- 2nd Degree Domestic Assault: A man faced multiple charges, including domestic assault and kidnapping. Combs Waterkotte got the charges dismissed, and he received probation on the original charge.
- 2nd Degree Murder and ACA: Charged with murder under felony-murder theory, the case was dismissed due to witness and evidence issues.
- 4th Degree Domestic Assault: A woman was charged after an altercation with her boyfriend. Combs Waterkotte had the case dismissed with corroborating evidence.
- Burglary: A 17-year-old charged with burglary had the case dismissed after Combs Waterkotte discredited the witness’s testimony.
- Child Endangerment: A man faced charges for leaving his children in a car. Combs Waterkotte got all charges dismissed, avoiding deportation risks.
- DWI: A college student’s DWI charges were dismissed after Combs Waterkotte exposed officer errors, preventing license suspension.
- Felony Drug Possession: A man’s marijuana possession case was dismissed after the court ruled the stop and search unconstitutional.
- Felony Leaving the Scene: Charges were dismissed after Combs Waterkotte challenged the lack of evidence at the preliminary hearing.
- Felony Stealing: A woman facing multiple theft charges had all charges dismissed within 24 hours after being extradited.
- 2nd Degree Murder and ACA: A man’s murder charge was dropped after a 10-day investigation showed he had left the crime scene.
- Robbery 1st and ACA: A teenager’s robbery and armed criminal action charges were dismissed at the preliminary hearing.
- Statutory Sodomy: A man’s charges were dismissed after the court found inconsistencies in the alleged victim’s testimony.
- Unlawful Use of Weapon and Drug Possession: Charges were dismissed after a judge ruled the search unconstitutional.
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How a Criminal Defense Attorney Can Protect Your Rights and Future
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Looking to Have Your Case Dismissed? Call Combs Waterkotte.
If you’re facing criminal charges and are wondering if your case can be dismissed, contact the experienced attorneys at Combs Waterkotte or call (314) 900-HELP. We’ll fight for your rights and explore every possible avenue to get your charges dropped.
