Can an Attorney Get Charges Dropped? Understanding Charges Dropped vs Dismissed

Can a Lawyer Get Your Criminal Charges Dismissed?... Dropped vs Dismissed?

Criminal cases often feature a large number of twists and turns along the way. A prosecutor may file charges against you, but there are a number of opportunities to have those charges dropped or dismissed before you proceed to trial. If you’re facing criminal charges, you need to speak with The Law Offices of Richard F. Matthews Jr., a Montgomery criminal defense lawyer, about the best legal strategy in your case. 

Dismissal of Charges

Many people assume they only have two options in a criminal case - plead guilty or go to trial. However, many cases never make it to a plea or in front of a jury. Instead, the judge overseeing your case might dismiss the case, or the prosecutor might even drop the charge. 

There are different reasons for charge dismissals, including that there is insufficient evidence to convict you of the offense. Prosecutors must prove charges beyond a reasonable doubt, and if they cannot, you should not be convicted. If your lawyer demonstrates early in the process there is insufficient evidence, the judge or prosecutor might dismiss the case.

One common reason there is insufficient evidence is when your attorney successfully suppresses key evidence in the case. Evidence should be suppressed when it stemmed from unlawful conduct by police, such as an unlawful traffic stop, search, arrest, or interrogation. When the police violate your constitutional rights, prosecutors should not use any resulting evidence against you, and this often ruins their case. Without the key evidence that is suppressed, it is clear they cannot prove your charges beyond a reasonable doubt, so the case is dismissed. 

Some other reasons for charge dismissal include:

• Lack of probable cause
• Improper charging documents or criminal complaint
• Witnesses become unavailable
• Lab or law enforcement errors lead to lost evidence

Filing the Proper Motions

Getting charges dismissed requires more than simply asking the judge to throw out your case. Your criminal defense lawyer knows how to file the appropriate pre-trial motions to convince the judge to drop your charges. These include a motion to suppress and motion to dismiss. 

To gather evidence to support these motions, your attorney will engage in an investigation regarding the circumstances of your arrest and post-arrest police communications. They know how to identify violations of your constitutional rights, and then use those violations to your benefit in your defense. This is not something that defendants should ever attempt on their own, as there are strict laws and procedures to follow. Allow the right law firm to evaluate whether your charges might be dismissed in your specific case. 

Talk to a Criminal Defense Attorney in Alabama

Facing a criminal charge is stressful, and your future is at stake. You want the best possible outcome you can achieve - including a possible being dropped or a dismissal. This is why you need a legal advocate to help you with your defense. Make sure you’re well-represented by a Montgomery criminal defense attorney from The Law Offices of Richard F. Matthews Jr, LLC. Contact our office so we can begin protecting your rights.