The best thing you can hear if you’re facing a criminal case is that your charges are dismissed. This means that the state is no longer prosecuting you for those charges. It’s better than getting a not-guilty verdict because you can avoid trial completely.
When you work with a Los Angeles criminal defense lawyer, their defense may involve getting your case dismissed. However, as the defendant, you may not know what to look for, which may show signs the prosecution may dismiss your case or need to prevent injustice.
No lawyer can guarantee that your case will be dismissed, but here are seven signs that raise the chances that it will be.
Prosecutorial Discretion
Even if you did commit a crime, it is up to the state to decide whether to prosecute you. This choice is called prosecutorial discretion. The state may choose to dismiss a case for reasons of their own, including:
- A lack of public interest in pursuing the case.
- A lack of resources to prosecute the case in time.
- Problems with getting evidence.
- Problems with the reliability of evidence.
- Changes in laws or policies that shift prosecutorial priorities.
- Whether pursuing charges may create an unjust outcome.
- Whether you’re cooperating with law enforcement on a more significant case.
- Problems with the strength of their legal argument for prosecution.
This decision is completely in the hands of the prosecution. They will notify your lawyer or public defender if they deem it’s better to dismiss your case.
For a free legal consultation, call (310) 896-2723
Plea Agreements
A plea agreement or plea bargain is an agreement between you and the prosecution to plead guilty to a lesser charge to avoid trial. This does not dismiss your case, but it can dismiss serious charges with harsher sentences.
A common plea agreement is to accept a misdemeanor charge instead of fighting a felony charge. You lose many rights and freedoms if you’re convicted of a felony. It could take years to get them back. It will also negatively affect your ability to get a job.
A criminal defense lawyer can explain your chances of acquittal based on what they learn during discovery and pretrial hearings and whether accepting a plea agreement to dismiss your worst charges may be better for you.
Insufficient Evidence
The prosecution must prove to the court that you committed the crimes you’re accused of. They do this through evidence. If the evidence they’re using is problematic, they should dismiss your case because they cannot meet the burden of proof.
There may not be enough evidence to prove your guilt beyond a reasonable doubt. The laws state what needs to be proven for each charge. If there is no evidence to prove a necessary point to make a charge stick, then the case could be dismissed.
Your lawyer will also know the points the prosecution needs to prove and can point out where they may not have enough evidence. This is usually done during the discovery process when both sides share what evidence they have in the case.
Witness Unavailability
A related sign is if an important witness isn’t available or doesn’t agree to testify. The prosecution’s case may rest on someone else’s testimony. Without that evidence, and assuming there isn’t additional evidence to replace the testimony, charges could get dismissed.
This rule is also why there are laws about tampering with or intimidating witnesses. If a criminal tries to stop a witness from testifying because they have evidence the prosecution needs and they’re caught doing it, that will make the court extremely unhappy.
Never communicate with a witness involved in your case before getting advice from your lawyer. Your case may depend on it!
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Procedural Errors by The Court
The court and the prosecution have rules they must follow to abide by the law. If they break these rules, then a procedural error may cause your case to be dismissed. Some examples of procedural errors include:
- The charges were filed incorrectly by the prosecution.
- The court does not have jurisdiction to hear your case.
- The prosecution waited too long to file your charges.
Violations of these procedures would violate your rights and create an unjust result. Your lawyer will look out for flaws in court procedure to make sure you get a fair trial. If there is a problem, your case could get dismissed.
Violations of Constitutional Rights
Dismissal may occur if there is evidence that your constitutional rights were violated during the investigation or prosecution. This could include improper search and seizure, failure to provide Miranda warnings, or not allowing access to legal representation.
Additionally, failure to provide a speedy trial could lead to a dismissal under California Penal Code Section 1382: Speedy Trial Rights and Grounds for Dismissal.
A constitutional rights violation is extremely serious. Sometimes, prosecutors and police get too zealous to convict someone of a crime and cross the line. It’s rare, but it does happen. If it happened to you, a criminal defense lawyer can call them out on their error.
Diversion Programs
For minor offenses, or first-time offenders, participation in diversion programs like rehabilitation, community service, or restitution can lead to a dismissal of charges. A lawyer can argue that justice will be better served if you’re diverted into a program than serving a jail or prison sentence.
Contact a Lawyer for More Information
These are the seven major signs that your case may be dismissed by the court. Your lawyer will negotiate with the prosecution and the court to get your case dismissed if they notice one. If you feel one of them applies to your case, contact Simmrin Law Group for a free consultation as soon as possible.
Call or text (310) 896-2723 or complete a Free Case Evaluation form