If you’ve been charged with a crime, you may be wondering if it’s possible to have your case dismissed. Case dismissals can happen, but only if certain circumstances apply. Here’s what you need to know.
What Types of Cases Can Be Dismissed?
Any criminal case can be dismissed if a judge determines that there is not enough evidence to try the case entirely.
Types of dismissed cases include:
- Dismissed with Prejudice. Cases dismissed with prejudice occur when a judge decides the case is unable to move forward. No other lawsuit can be filed for the same purpose after a case is dismissed in this manner.
- Dismissed without Prejudice. Cases dismissed without prejudice also occur for the same reason as above, however, this means other lawsuits can be filed for the same purpose.
- Dismissed for Want of Prosecution. Criminal cases that have been “dismissed for want of prosecution” are generally those that have sat on the bench for sometime, without activity conducted by either the plaintiff or the defendant.
- Voluntary Dismissal. A voluntary dismissal occurs when the plaintiff drops the lawsuit against the defendant and tends to occur more often in civil suits versus criminal cases.
How Likely Is It That My Case Will Be Dismissed?
Statistically, case dismissals are far less common than cases that are pursued. The rate of dismissal generally lowers the more severe the crime is and the more evidence the prosecution has against you.
What is more likely to happen is that certain pieces of evidence will be dismissed or considered inadmissible in court. For example, the police cannot conduct an unlawful search and seizure and then legally have that evidence admitted to court to be used against you.
Your defense lawyer should petition that the evidence is not admissible due to law enforcement’s failure to conduct a search and seizure according to your constitutional rights. The more evidence that is dismissed, the better chance you stand of being acquitted.
Should I Contact a Criminal Defense Attorney?
The best chance you have to get your case or evidence within your case dismissed is by working with an experienced criminal defense lawyer. If you’ve been charged with a crime, it’s critical that you reach out to a seasoned attorney as soon as you can to start building your defense right away.
Contact Criminal Defense & Family Lawyer T. Martin Knopes today for your consultation by calling toll free at (800) 683-0700. We are available now to assist you.