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Life can throw a hardball in your direction without warning causing you to end up on the defense side in a criminal case. Should you ever find yourself in such a predicament, you should find competent legal representation to help you wiggle out. In fact, there are ways to prevent a criminal matter from going all the way to trial. Successful dismissal of a case takes careful planning. A defense attorney in Raleigh can assist you to clear your name. Here are a few of the strategies applied to have a criminal case dropped or dismissed.
Why You Should Not Allow a Criminal Case to Go to Court
No one wants their name tainted by standing accused of a crime. Although you might succeed in proving your innocence in court, your name will still blemish in the public domain. Secondly, settling matters out of court takes just a short while. Court proceedings can drag on for ages and mess up your normal schedule. Most importantly, when settling matters out of court, you have greater control over the outcome as opposed to rolling the dice with a jury in court.
What are the Best Ways to Have a Criminal Case Dismissed?
1. Filing a Motion to Dismiss
Filing a motion to dismiss works when someone tries to bring up matters that have already been laid to rest. If your lawyer can prove that the accusations before you had already been heard in a court of law and you were acquitted, the judge will most likely throw out the case even before going to trial. A motion to dismiss also works when the case has fundamental flaws which your lawyer can prove.
2. Capitalizing on Law Enforcement Mistakes
A competent lawyer looks at all available opportunities to get their client from the court. Law enforcement should stick within the confines of law when arresting suspects and processing them before they are tried. Simple mistakes like police reports that bend the truth or planting evidence to assert facts can result in the case being dismissed.
3. Suppressing Evidence
As previously stated, law enforcement is not exempt from the law. Your lawyer can get you out on a technicality of suppressing evidence against you when it can be proved that the evidence was acquired illegally. Evidence that is successfully suppressed cannot be presented in court against the defendant and the prosecutor team is left to find other ways to prove their case.
4. Severity of the Accusations
Many at times, the justice department is overwhelmed with serious cases. Public prosecutors have a huge workload forcing them to spend time on the most serious ones. If the accusations against you are trivial, you might just get off on the prosecutor dropping the case to focus their time on more serious cases.
5. Cooperating with the Law
Prosecutors help out guys who are willing to return the favor by helping to net the bosses of large criminal organizations. To do this, they have to go through your lawyer and convince them to front you an agreement that can have the charges against you reduced or dropped altogether. In big time crime, you can even qualify for placement in witness protection to protect you from harm.
Navigate the Loopholes with a Lawyer
When you stand accused of a crime, find a lawyer to help you find loopholes in the case. With enough luck and proper strategy, your name can probably be cleared without having to go to court to clear your name. In case that doesn’t work, the lawyer will work to put together a substantive defense to prove your innocence.
