When you are asked to appear in court, it does not necessarily imply that you are guilty or you are going to be convicted. But guilty or not, you may find a criminal defense lawyer to be of great help. The following are ways in which a lawyer can get your case dismissed.
1. Lack of Probable Cause At the Time of Arrest
When a judge ascertains that you got arrested without a probable cause, your case can be dismissed. However, it may not mean you are in the clear. Sometimes, arrests without a probable cause are devised by the police so that they can gather evidence when your case is in progress. And a judge may not reach to this decision easily; he may require persuasion from a lawyer.
2. Lack of Enough Evidence
Your attorney may argue that the evidence against you is weak or insufficient, and hence ask for dismissal of the case. You can only be convicted of a crime when there is compelling evidence against you, for example, when your DNA prints are found on the items or tools used to commit the offense. Examples of insufficient evidence include incarcerated criminals who want to exchange information for freedom and unreliable eyewitnesses.
3. Dismissal With or Without Prejudice
Even if a judge suspects you are guilty, he or she may conclude - with or without the help of a lawyer - that the prosecutor does not have enough evidence on his side to prosecute you. In this situation, the judge may dismiss the case in what is known as dismissal with prejudice.
A criminal case can also be dismissed inconclusively in what is termed as dismissal without prejudice. Under dismissal without prejudice, a case is dismissed when procedural requirements are not met or due to missing evidence.
4. Through An Appeal
After conviction, a lawyer can still file an appeal asking for a reversal of a decision. A successful appeal may take your criminal case back to its initial stage or see to it that that the case is dismissed. An appeal request is usually made to a higher court to review a decision made by a lower court.
A criminal defense lawyer can also file a pre-trial motion. It is a document - but can also be delivered orally - that defines the limits and parameters under which a pending trial can take place. A motion to dismiss is one example of a pre-trial motion. Through this motion, your lawyer can request for a dismissal by arguing that a claim does not have an actual legal remedy under the current laws, provisions and statues.
If you've been arrested for a crime, consider hiring a lawyer from a firm like MICHAEL WOODS & CO to help you get the case dismissed, if possible,Share
21 August 2015
No one gets married planning to get divorced, but by the time I see them it's pretty obvious why they are getting divorced. When a marriage is beyond repair I'm there to fight for my clients right's under family and property law and to get them the best deal I can possibly negotiate. Even if you feel like your case is messy or complicated, I can guarantee in my time as a lawyer I have seen and heard worse things! This site has a collection of useful articles and links on developments and case law in the Family Court of Australia.