on what grounds can a case be dismissed
Generally, a person, car, or house can be searched if the police have a search warrant or if special circumstances arise. Blackman Bail Bonds wants to help you understand the answers to this question and help you get where you need to be. If this evidence is critical in proving guilt beyond a reasonable doubt then the case may be dismissed. Have your family or lawyer coordinate with Blackman Bail Bonds to discuss your bail bond options. If the appellate court reverses the conviction on grounds of a bad search or arrest, there may not be enough evidence to warrant another trial. When a police officer writes a charging document or criminal complaint, the officer must sign the document under oath attesting to the truthfulness of the contents. Courts can only hear cases in their jurisdiction. If a law enforcement officer randomly stops a vehicle or person or because of their race or gender, then that stop violates the person’s constitutional rights and is considered an illegal stop. If the evidence in a case doesn’t quite add up or a witness is deemed unreliable, a case can be thrown out. Fort Worth, TX 76102 There needs to be enough evidence and testimony to prove your guilt beyond a shadow of a doubt. Therefore, it won’t be recorded on your criminal record or reflect poorly on future housing or work applications. The following examples are the primary causes for dropped cases but are not a definitive list: Probable cause is essential when making an arrest. The attorney may raise issues with how the police conducted the line-up or how the identification process was conducted. There are specific grounds on which you can ask the court to drop the case and remove it from your file. For example, a key witness may be the only person who can identify the defendant. If a search is deemed unconstitutional in the appellate court, the prosecution may not have enough evidence to go forward with their case because of a lack of evidence. This is important because sometimes statements are the only evidence police have that a crime was committed. If this happens, the prosecution may not have enough other evidence to prove guilt beyond a reasonable doubt so the case may be dismissed. Your email address will not be published. In some cases, raising defenses could result in the charges against you being dismissed. 300 Burnett St., Suite 130 Probable cause means the police believe a person has committed a crime, and that belief is based on objective factual circumstances. Lost evidence. This power is given to them by legislators and the constitution. When a case goes to trial, and it’s found to be lacking in some critical aspect, you can request to have your charge dismissed. by Blackman Bail Bonds | Sep 30, 2020 | General Information, It’s rare, but not unheard of, to have a case dismissed and all charges dropped. If you’ve been charged with a felony, DUI, or traffic violation, you need an experienced criminal defense attorney to explore all of the defenses that could get your charges dismissed. The prosecuting attorney may choose not to follow through with charges after reviewing the evidence and testimonies available. Failing to state Miranda Rights. If the motion is granted, the prosecutor may file a motion to dismiss. That poses the question, “On what grounds can a case be dismissed?”. Courts can only hear cases in their jurisdiction. on which you can ask the court to drop the case and remove it from your file. Have your family or lawyer. An officer can’t arrest or even pull someone over on a “gut feeling” or “intuition.” They have to have a witness, surveillance, or other information that points in your direction before an arrest can be made. Whether you have any grounds to request that the charges against you be dismissed would depend on the facts of your case, how the police handled your arrest, and the evidence against you. For example, if the case was overturned on appeal because there was insufficient evidence to support the defendant’s arrest, the court may dismiss the charges. However, if a law enforcement official does not read your Miranda Rights, or did not give them to you properly, then any statements you made may not be used against you in court. You may be worrying about facing time in prison and huge fines. Since the stop was deemed illegal, your defense attorney can make a motion to suppress that evidence. Sometimes, a court oversteps and hears a case out of their jurisdiction. Similarly, if the police cannot show the proper chain of title—that the evidence was handled properly from the time the police took it as evidence until the trial—the evidence could be suppressed. Once you are arrested and charges are pending, the prosecutor must present evidence to a grand jury or magistrate to show they have enough evidence to establish probable cause. THANK YOU! Johnson Parker There has to be evidence that the person being arrested is the person that committed the crime. This could result in the police having no case against you. If the judge does not believe there was strong enough evidence, he could dismiss the case. However, as a legal matter, the appellate court may determine the property was state land then the federal appellate court could overturn the conviction. At Cofer Luster law firm, we have the experience to fight your criminal charges. (ACROSS THE STREET FROM THE PUBLIC LIBRARY), Phone: (682) 777-3336 Dallas An officer files charging documents and citations under oath, attesting to their accuracy. Police should only search your person or property after an arrest, or if they have reason to believe you’re carrying a deadly weapon or have a court-ordered warrant. COFER LUSTER LAW FIRM, PC This may also lead the prosecutor to dismiss the charges. Cody Cofer is Board Certified by TBLS in Criminal Law. Sometimes, a court oversteps and hears a case out of their jurisdiction. If this happens, the prosecutor may need to dismiss the case. Fax: (682) 238-5577, Serving These Counties:  M-F: 8:30am-6:30pm ©2020 Easley Law Firm, All Rights Reserved, Reproduced with Permission Privacy Policy Illegal search. Your defense attorney may make a motion for the evidence to be suppressed. His expertise got my son out of a very tough situation, ©2020 Easley Law Firm, All Rights Reserved, Reproduced with Permission, Honesty With Your Attorney Can Build a Better Defense, The Way You Dress in Court Can Help Your Case. Contact Easley Law Firm at 888-386-3898 to schedule a free consultation and to learn more about how we can help you achieve the best possible outcome. Common Grounds to File a Motion to Dismiss Your Criminal Case Whether you have any grounds to request that the charges against you be dismissed would depend on the facts of your case, how the police handled your arrest, and the evidence against you. When a case is dismissed with prejudice, it’s closed for good. Neither party can reopen the case at a later date, and the matter is considered permanently resolved. For example, if you were arrested for a crime and the police did not read you your Miranda Rights, but you confessed to the crime on the way to the jail in response to police questioning, then that statement may be thrown out. Denton Sat: 8:30am-12:00pm Therefore, it won’t be recorded on your criminal record or reflect poorly on future housing or work applications. However, there are exceptions when failing to give Miranda rights properly do not limit the use of your statements by the police. Anything they pulled in their illegal search is inadmissible in court and can lead to your case being dismissed. An appeal is another way to get charges dismissed. In some circumstances, an appellate court may reverse a finding of guilt on grounds that the jury did not have enough evidence to support its conclusion at the trial level. Wise, 300 Burnett St., Suite 130, Fort Worth, TX 76102. With a reasonable defense attorney, it can happen. You are truly one of the shining lights of the legal profession. There may be grounds for dismissing charges because of an illegal search, lack of probable cause, or a number of other reasons.

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