Has it ever happened to you when you were hired as a defense attorney, and your client asked you if there is any way to dismiss the case?
Well, it has happened to me.
This is why I am armed with some legal strategies to help you learn how to dismiss a criminal case even before it goes to trial.
A Maryland Criminal Lawyer will always be prepared with these legal strategies, so you better harness your seatbelts before you learn about them too.
Which Activities Can Get A Criminal Charge Against You?
If you break any criminal law amendments, the state can bring a criminal charge lawsuit against you. Three types of criminal offenses may bring this misfortune upon someone:
- Felonies: Let’s start with a bang!!! Felony is the most severe criminal charge because if a person murders someone, the state issues a criminal charge against him. If the judge finds you guilty, you may be sentenced for 10 years or more, or you may even have to pay a hefty compensation fee.
- Infractions: Infractions are not such major law violations, and if the judge finds evidence against you, you will, at maximum, have to pay financial compensation. Crimes like breaking a traffic signal, breaking boating violations, littering, jaywalking, drinking in public may result in infractions.
- Misdemeanors: Crimes like sexual assault and shoplifting are considered misdemeanors. If the court finds you guilty in one of these charges, you may have to go to jail for a year or so besides paying financial compensation.
How To Dismiss Your Criminal Case?
I hope you have understood the consequences of losing a criminal case. It will bring a tragic fate upon your client, and I’m sure you don’t want that. Therefore, look at the following strategies to dismiss your criminal case at once:
1: Presenting Exculpatory Evidence
If the state has to take your criminal case to trial, it must possess evidence beyond a reasonable doubt.
Therefore, if you can provide counter-evidence that puts your client somewhere else at the time of the crime, it will force him to withdraw all charges against you.
However, the exculpatory evidence must be strong enough to create an iron-clad alibi; otherwise, it will be a waste of time.
2: Proving Violations Of Your Constitutional Rights
The U.S. Constitution has ample amendments that may protect you from criminal charge lawsuits. Let’s find out:
- Right to voice against self-incrimination.
- Right to protest against unreasonable seizures and searches.
- Right to demand a lawyer during police interrogations.
- Right to cross-examine the witnesses against you.
- Right to demand the evidence they say they have against you.
If you can prove to the judge that the prosecution violates any of these constitutional rights, he will immediately dismiss your criminal case.
3: Negotiating Suspension
A Maryland Criminal Lawyer is well aware of the pretrial diversion programs where the defense attorney can negotiate a suspension.
This agreement will let the defendant seek some kind of treatment to stay out of further legal trouble.
If your client shows some medical inconsistency, the court will dismiss his criminal charges.
4: Negotiating A Plea Agreement
If you are not sure your criminal case will have much ground in the trial, you can always negotiate a plea agreement.
It will reduce your charges from a felony to a misdemeanor. This means you still have to suffer some punishments, but they won’t be as heinous as a felony punishment.
5: Cooperating In A Much Bigger Case
No, we are not taking a scene out of ‘How To Get Away With Murder.’ Even if the TV show presented such absurd instances, they are not so absurd in reality.
Prosecutors will likely drop all charges against you if you have something they want.
For example, if police arrest you for assaulting someone, and you have evidence that will lead them to a gang that commits such assault on women almost regularly, your criminal case will be dismissed.
As a Maryland Criminal Lawyer myself, I know how difficult it can be to dismiss someone’s criminal case charges. This is why I’ve illustrated all the possible legal strategies you can use in court to prove your client’s innocence and win it on his behalf.
However, if you want to know anything else about these strategies, make sure to post them in the comment section.