If you’ve filed a petition for your criminal case to be dismissed, you may be wondering if there’s anything more that prosecutors can do to keep the charges on your books.
In some circumstances, they may be able to file an amended complaint to avoid dismissal, but this is rare for criminal cases. Here’s what you should know and how to get the experienced legal help you need after being arrested for an alleged crime.
Grounds For Dismissal
A criminal case can be dismissed for a variety of different reasons. For example, say law enforcement officers failed to adhere to proper protocol during your investigation.
Even if they obtained compelling evidence against you, it’s possible that they won’t be able to use it against you if the evidence was improperly collected.
Most often, a criminal case dismissal is the result of a technicality. Regardless of whether or not the defendant is guilty of the crime, if proper protocol wasn’t followed, a good defense attorney can use this to create doubt that the evidence against their client is legitimate.
When Prosecutors Can File An Amended Complaint
Prosecutors may have an opportunity to amend the complaint against you if there was a clerical error or another kind of simple mistake that generally only requires new paperwork. But if the grounds for dismissal are inherent to the case, the judge may not allow an amended complaint.
For example, say the police searched your home without a warrant and found evidence that implicated you in a crime. If you’re charged with that crime, you may be able to file a petition to have the case dismissed — also called a demurrer — based on the fact that the evidence was obtained through unlawful means.
In this case, prosecutors wouldn’t be able to amend the complaint because the issue isn’t a fixable error. It’s a fact of the case that can’t be changed afterwards. Unless there is more evidence against you that was obtained via other means, the case is likely to be dismissed.
Arrested For A Crime?
If you were arrested for a crime, don’t wait to reach out for legal help. You need someone on your side who can pick apart the prosecution’s case against you and argue for your Constitutional rights. Call T. Martin Knopes today for more information or to schedule your first meeting by dialing 850-683-0700.