What is Required to Have Your Criminal Case Dismissed?
There are some situations where it is possible to have your criminal case dismissed. This is one of the main reasons you should choose to work with a Texas criminal defense attorney. The lawyer you hire can help you understand what options you have and if dismissal is a possibility.
Remember, though, not all cases are eligible for dismissal. It’s not always possible to petition the court to have a case dismissed; however, if there are enough facts to potentially have the case dismissed, it is in your best interest to consider filing the motion to dismiss.
Keep reading to learn about some of the most common ways a criminal case in Texas can be dismissed.
There Was No Probable Cause when the Police Arrested You
Sometimes, the criminal charges against you can be dismissed if you are able to prove the police did not have the necessary probable cause to place you under arrest to begin with.
According to the law, police are not allowed to arrest someone because they feel like it or have a hunch they committed a crime. To legally arrest you, the police have to have probable cause you engaged in a crime.
Charging Document Mistakes or Errors
When filling out a complaint or a charging document both prosecutors and police officers have to be truthful. These documents are completed under oath, and if the document leaves out information or if the facts are not stated properly, the attorney may be able to argue that the case should be dismissed.
Prosecutors and police also have a legal duty to correct any mistakes that are made. If they fail to do this, the court may rule the case to be dismissed.
Illegal Search or Improper Stop
According to the Fourth Amendment, each person is guaranteed protection from unreasonable searches. In most cases, the police have to have a warrant to conduct a search; however, there are some exceptions.
If there is no warrant and the situation doesn’t meet the outline of the exceptions, the court may rule the police officer’s search was not legal. If that happens, all evidence that is gathered during the illegal search is considered inadmissible in the trial.
While it all depends on how crucial the evidence collected is, having it excluded may result in a prosecutor having to dismiss the case altogether.
It’s essential for the prosecution to prove, without any doubt, that the defendant committed the crime they have been charged with. If there isn’t enough evidence to do this, the court may order for the case to be dismissed.
Contact an Attorney to Learn More About Having Criminal Charges Dismissed
If you believe you have a case that may qualify for dismissal, don’t wait to contact an attorney. They can review the facts and take the necessary steps to have the case dismissed.