A prosecutor might reduce a Level 6 felony theft to a Class A misdemeanor in exchange for a guilty plea. This strategy does not result in a clean criminal history. But it gives you a path to clearing your criminal history. Indiana law allows expungement of misdemeanor convictions five years after you complete your misdemeanor sentence if you avoid any new charges during that time.
It may seem like a plot from a TV show or movie, but prosecutors will drop charges if you have something that they want. For example, if police arrest you for drug possession , prosecutors might drop the charges if you help them identify and gather evidence against others in the drug distribution chain.
You probably need a lawyer to help you get your charges dropped. Prosecutors can voluntarily dismiss charges, but they usually require persuasion and negotiation before going to court to file a dismissal. Your lawyer can also file a motion asking a judge to dismiss the charges.
Most judges defer to the prosecution and rarely dismiss charges on their own. We are not accepting new clients in Indiana at this time. Please check back often for updates. A criminal record can prevent you from: Renting a home Owning a firearm Getting some jobs Obtaining a bank loan Receiving approval for occupational licenses Avoiding a criminal conviction can help you stay out of jail or prison and save you from the stigma of a criminal record.
What to Know About Dismissals Your criminal defense attorney will identify any potential grounds for dismissal. Some reasons that a case may be dismissed include findings that: Your conduct did not violate a criminal statute. The prosecution cannot prove that you were engaged in criminal activity. The police violated your rights while investigating the case. Differences Between Dismissal and a Plea Bargain A plea bargain has the same effect as if you were found to be guilty at trial. A dismissal avoids these consequences.
Example 1: Presenting Exculpatory Evidence Prosecutors cannot pursue charges if they do not believe that you committed the charged crime. Constitution protects you from coercive police tactics , including: The right to be free from self-incrimination The right to be free from unreasonable searches and seizures The right to legal representation during interrogations The right to cross-examine the witnesses against you The right to see the evidence against you A judge can sanction the prosecution for any violations of these constitutional rights.
These procedures are in place to protect the rights of the accused. When procedural violations occur at any point during the investigation, arrest, or handling of evidence:. Some examples of procedural violations can include failing to Mirandize someone placed under arrest and conducting searches to collect evidence outside of the scope of a search warrant illegal search and seizure.
Sometimes, murky evidence opens itself up to various interpretations. Other times, one piece of evidence can directly contradict another. Witness statements can fall into this category. So can expert testimony, forensic evidence, and more.
This can include evidence that is tainted by the:. A good defense lawyer can review all of the details—from the police report to laboratory chains of custody—to determine when tainted evidence may be an issue in a criminal case. To win, the prosecution must prove beyond a reasonable doubt that the accused individual committed the crime s in question.
A skilled criminal defense lawyer may use this strategy in various ways, including by showing that:. It can prevent their case from holding any water, making a dismissal or a more favorable plea deal far more likely. Ultimately, the dismissal of any criminal case can rest in the hands of a prosecutor. This means that prosecutors will have to make a judgment call and use their prosecutorial discretion when deciding which cases to dismiss, plea out, or try in court. To make that call, prosecutors need to come to the independent conclusion that dismissing the case is the best option because:.
An experienced criminal defense lawyer can present the facts and most persuasive arguments for dismissals. And that can be the key to bringing prosecutors to the independent conclusion that dismissing the case is a good choice. If you or a loved one has been accused of a misdemeanor or felony crime in Colorado, the sooner you contact Anaya-McKedy, P. Our C olorado Springs criminal defense lawyers are exceptionally skilled at protecting the rights of the accused and helping them build the strongest possible defense cases.
Backed by more than 30 years of criminal trial experience, our attorneys are former prosecutors who know the tactics and arguments the prosecution will use to try to secure a conviction. Once the evidence is dismissed, you can request for the entire case to be dismissed as well. A key part of any criminal case is the testimony of an eye witness and the presentation of evidence.
If for some reason evidence is lost and witnesses are unavailable, the prosecutor may have no choice but to dismiss charges against the defendant. These are just a few of the most common grounds to dismiss a criminal case before trial. If you are charged with a criminal offense, it is absolutely essential to immediately hire a criminal defense attorney to try to get the charges dismissed. At The Law Offices of Elliott Kanter, we specialize in criminal defense and have a track record in San Diego of getting criminal charges dismissed.
If you are interested in learning more or would like to schedule a free consultation, give us a call. Lorem ipsum dolor sit amet, consectetur adipiscing elit. Phasellus blandit malesuada eu donec eu porta arcu consequat dolor. Sed sed nisl quis et imperdiet.
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