[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/www.brodenmickelsen.com\/blog\/what-does-it-take-to-get-a-criminal-case-dismissed\/#BlogPosting","mainEntityOfPage":"https:\/\/www.brodenmickelsen.com\/blog\/what-does-it-take-to-get-a-criminal-case-dismissed\/","headline":"What Does It Take to Get a Criminal Case Dismissed?","name":"What Does It Take to Get a Criminal Case Dismissed?","description":"In some cases, it may be possible to get a criminal case dismissed. This is one of the main reasons for working with an experienced Dallas criminal defense lawyer. Your lawyer can help you explore your options for getting your case dismissed. It\u2019s important to note that not every case is suitable for dismissal. It...","datePublished":"2019-09-17","dateModified":"2023-06-16","author":{"@type":"Person","@id":"https:\/\/www.brodenmickelsen.com\/blog\/author\/broden-mickelsen\/#Person","name":"Mick Mickelsen","url":"https:\/\/www.brodenmickelsen.com\/blog\/author\/broden-mickelsen\/","identifier":16,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/30690d9f76c45bf5d61434169e78762d673b1ac9b949489cf69f1c78d567fc27?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/30690d9f76c45bf5d61434169e78762d673b1ac9b949489cf69f1c78d567fc27?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"Broden, Mickelsen LLP","logo":{"@type":"ImageObject","@id":"https:\/\/www.brodenmickelsen.com\/wp-content\/uploads\/2022\/08\/Broden-and-Mickelsen-Logo.png","url":"https:\/\/www.brodenmickelsen.com\/wp-content\/uploads\/2022\/08\/Broden-and-Mickelsen-Logo.png","width":378,"height":77}},"image":{"@type":"ImageObject","@id":"https:\/\/www.brodenmickelsen.com\/wp-content\/uploads\/2019\/09\/What-Does-It-Take-to-Get-a-Criminal-Case-Dismissed-Broden-Mickelsen-LLP.jpeg","url":"https:\/\/www.brodenmickelsen.com\/wp-content\/uploads\/2019\/09\/What-Does-It-Take-to-Get-a-Criminal-Case-Dismissed-Broden-Mickelsen-LLP.jpeg","height":1709,"width":2560},"url":"https:\/\/www.brodenmickelsen.com\/blog\/what-does-it-take-to-get-a-criminal-case-dismissed\/","about":["Blog","Criminal Charges","Criminal Defense"],"wordCount":910,"keywords":["Dallas criminal defense attorney","Errors in Charging Document","Fourth Amendment Right Against Unreasonable Searches and Seizures","Fourth Amendment Violations","Improper Stop or Illegal Search","Insufficient Evidence","Law Office of Broden and Mickelsen"],"articleBody":"In some cases, it may be possible to get a criminal case dismissed. This is one of the main reasons for working with an experienced Dallas criminal defense lawyer. Your lawyer can help you explore your options for getting your case dismissed.It\u2019s important to note that not every case is suitable for dismissal. It might not be possible to petition the court to dismiss your case. However, if the facts of your case include potential grounds for dismissal, it\u2019s in your best interest to consider filing a motion to dismiss.Here are six ways a criminal case could be dismissed.The Police Had No Probable Cause to Arrest YouIn some cases, you can get a criminal case dismissed if you can show that the police lacked probable cause to arrest you.The law dictates that the police are not allowed to go around arresting citizens just because they feel like it or because they have a hunch that someone committed a crime.Instead, the police must first have probable cause that an individual engaged in a crime before they can place the person under arrest.For example, if an eyewitness to a bank robbery stops a police officer on the street and tells the officer the robber jumped into a green getaway car with a broken taillight, the police have probable cause to stop any vehicle that matches that description.However, the police don\u2019t have probable cause to stop any random vehicle that doesn\u2019t match the witness\u2019s description. This would be an arbitrary stop and a violation of the Fourth Amendment right against unreasonable searches and seizures addressed in the SCOTUS decision Collins v. Virginia.Errors in the Charging DocumentPolice officers and prosecutors have an obligation to be truthful when they file a complaint or fill out a charging document.Law enforcement officials complete these documents under oath. If the complaint of a charging document leaves out important information or misstates the facts, the defendant\u2019s attorney may be able to successfully argue that the case should be dismissed.Police and prosecutors also have a legal duty to correct their mistakes. If they fail to do so, the court may order the criminal case dismissed.Improper Stop or Illegal SearchThe Fourth Amendment guarantees protection against unreasonable searches and seizures. Generally, police need a warrant to conduct a search, but there are several exceptions to this general rule.For example, if the police are chasing someone on foot through a neighborhood pursuant to probable cause for a stop, they don\u2019t have to take a time out and obtain a search warrant. Instead, they may pursue the fleeing individual for purposes of apprehending them.In the absence of a warrant or an exception to the warrant requirement, the court may rule that a police officer\u2019s search was illegal. If that occurs, any evidence gathered due to the illegal search is inadmissible in a trial against the defendant.Depending on how important the evidence is to the prosecution\u2019s case, having the evidence excluded can sometimes mean the prosecutor is forced to dismiss the case entirely.Insufficient EvidenceThe burden of proof for criminal prosecutions is very high. Generally, the prosecution must be able to prove beyond a reasonable doubt that the defendant committed a crime.When the prosecution doesn\u2019t have enough evidence to meet this standard, the court may order the case dismissed.Witness UnavailabilityIn some cases, the prosecution\u2019s case depends on witness testimony. However, human beings aren\u2019t always reliable. If a witness disappears, becomes ill, or can\u2019t be located, the prosecution may lack enough evidence to proceed with the case against the defendant.It\u2019s also possible for a witness to worry that their testimony may result in them being implicated in a crime.Additionally, witnesses have the right against self-incrimination under the Fifth Amendment. If they refuse to testify, it could hurt the prosecution\u2019s case enough to lead to a dismissal of the charges.Prosecutor DiscretionAlthough it\u2019s not a very common occurrence, it\u2019s possible for a prosecutor to make the decision to drop the charges.Prosecutors have discretion when it comes to whether they will file charges or proceed with prosecution once charges have been filed. There are several reasons why a prosecutor may exercise this discretion by not prosecuting.For example, the prosecution may worry they don\u2019t have enough evidence to move forward for a conviction. In other cases, a prosecutor may honor a victim\u2019s request not to prosecute, such as in a sexual assault case where it might further traumatize the victim if they\u2019re required to speak in court.Talk to a Dallas Criminal Defense Lawyer About Your CaseIf you or a loved one have been charged with a crime, it\u2019s important to talk to a Dallas criminal defense lawyer as soon as possible. A knowledgeable defense lawyer can help you understand your rights and the options available to you. Call the criminal defense team at Broden & Mickelsen, LLP in Dallas to discuss your case or schedule a free consultation. (T): 214-720-9552Dallas Best Criminal Defense LawyersBroden & Mickelsen, LLP(T): 214-720-9552***ATTORNEY ADVERTISING***Prior results cannot and do not guarantee or predict a similar outcome with respect to any future case.Sources:https:\/\/www.law.cornell.edu\/wex\/probable_causehttps:\/\/www.law.cornell.edu\/wex\/fifth_amendment"},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Blog","item":"https:\/\/www.brodenmickelsen.com\/blog\/#breadcrumbitem"},{"@type":"ListItem","position":2,"name":"What Does It Take to Get a Criminal Case Dismissed?","item":"https:\/\/www.brodenmickelsen.com\/blog\/what-does-it-take-to-get-a-criminal-case-dismissed\/#breadcrumbitem"}]}]