Exploring Acquittal Possibilities: Strategies To Get Your Criminal Case Dismissed
When you face criminal charges, a good lawyer can make a huge difference in the outcome of your case. You're more likely to get your criminal case dismissed or reduced to a lesser charge.
Your lawyer will work hard to develop strategies to get your criminal case thrown out and protect you from the serious consequences of a conviction. Read on to discover a few effective strategies an attorney can use to get your criminal case dismissed.
Pretrial Motions
Pretrial motions can be an effective tool your lawyer can use for a case dismissal. This motion relates to the procedures and rules established by law that allow your lawyer to make arguments before a trial begins. Take a look at a few relevant examples of pretrial motions.
Motion to Dismiss
In this phase, your lawyer can argue that the prosecution failed to meet its burden of proof or that the evidence obtained isn't enough to constitute a crime. In other words, the motion to dismiss could get your criminal case thrown out if there's no substantial evidence to support the charges.
Motion to Suppress
Pre-trial motions can also suppress any illegally obtained evidence that does not meet the legal requirements for admissibility in criminal court. If the pre-trial motion is successful, the result is an outright dismissal of your criminal case.
Motion to Discover
Another pre-trial motion your attorney might file is a request for discovery and disclosure. This motion requires the prosecution to disclose all evidence and material related to your case, including witness statements and any documents investigators used during their inquiry.
The motion ensures both sides receive a fair trial and that all relevant information is available before proceedings begin. If your lawyer can uncover evidence that proves your innocence, chances of dismissal are high.
To file these motions, your lawyer should have a thorough understanding of criminal law. They should also seek to challenge the prosecution's arguments and present compelling evidence that supports your case. The judge will then decide whether or not to grant your criminal case dismissal.
Negotiations With Prosecution
A plea bargain is another strategy your lawyer might recommend to have your case dismissed. This arrangement involves an agreement between the defense and prosecution. Essentially, you plead guilty in exchange for some type of reduced sentence, such as a lower fine or shorter period of incarceration.
Another option available via negotiation is pretrial diversion programs. These programs offer alternatives to jail time for minor offenses like drug possession or driving under the influence.
Generally, the programs require successful completion of educational courses and community service. Depending on the particular program available in your jurisdiction, successful participation could result in all charges against you being dismissed without a trial process.
Your criminal defense lawyer can also explore the possibility of a deferred prosecution agreement. This arrangement is similar to pretrial diversion since you can avoid criminal penalties if you comply with certain conditions. However, a deferred prosecution agreement does not require admission of guilt and could result in the dismissal of charges after a certain period.
A good criminal lawyer can advise you on the best strategies for your case and help you get the best outcome possible. So if you want to increase your chances of a dismissal, make sure you hire an experienced criminal defense lawyer. They can evaluate the evidence against you and take the necessary steps to get your criminal charges dropped.
The criminal justice system can be intimidating and overwhelming, but with a qualified criminal defense lawyer at your side, you are in good hands. At Gayheart & Willis P.C., we understand the complexities of criminal cases and have the skills to use different strategies to get your criminal case dismissed. For more information, get in touch with us today.
