May 29, 2021 | Criminal Defense
Being arrested for a crime can be a traumatic experience. If you have never been under arrest, you may not know what to do. In this case, ask for a criminal defense lawyer and exercise your right to remain silent.
It is important to mount a solid defense against criminal charges. A conviction will result in a criminal record. Having a criminal record can prevent you from owning a firearm, renting a home, or obtaining specific occupational licenses. It can impact your career choices and ability to find a job. Your criminal record could even prevent you from obtaining loans and receiving assistance with college tuition.
Your criminal defense lawyer’s goal is to keep you out of jail and avoid a conviction on criminal charges. The best-case scenario is to have the criminal charges dismissed.
What is a Dismissal?
If your criminal charges are dismissed, there may be a record of your arrest, but the record should also indicate that the charges were dropped. In other words, the criminal charges were dismissed and never adjudicated by a judge or jury.
It is essential to understand that dismissal is different from a “not guilty” verdict. The dismissal merely ends the criminal case. There was neither a conviction nor an acquittal. A criminal background check may show the arrest but no outcome other than dismissal.
Your charges may be dropped before a trial begins or during a trial. Few criminal cases go to trial. The charges are dropped, or the defendants agree to a plea deal with the prosecutor. A plea deal is also not a dismissal of the case. You plead guilty or no contest, and the judge sentences you for the crime. On a criminal background check, the charge shows as a conviction.
Therefore, before you plead guilty or accept a plea agreement, it is wise to discuss your case with a criminal defense lawyer. There could be one or more legal reasons that the charges should be dismissed. There could also be one or more defense strategies that could result in a not guilty verdict.
Five Reasons Why Criminal Charges Are Dismissed
A prosecutor may drop the criminal charges against you for several reasons.
Five reasons why criminal charges might be dismissed are:
Illegal Searches and Seizures
You are protected from illegal searches of your person, your home, and your property. The police must typically have a search warrant and probable cause to conduct a search. If the police seize any evidence during an illegal search, that evidence may be thrown out by the court.
For example, if the police stop your vehicle and search it without probable cause and a warrant, property they discover in your car might not be admissible in court. Without that evidence, the state might not have enough to obtain a conviction on a theft crime.
Violations of Your Civil Rights
Under the United States Constitution, you are afforded certain rights. A court can sanction law enforcement officers and prosecutors for violating your civil rights.
Examples of your civil rights include:
- The right to legal counsel during all interrogations and questioning
- The right to not incriminate yourself
- The right to cross-examine witnesses against you
- The right to be free from unreasonable seizures and searches
- The right to see the evidence the state has against you
If your civil rights are violated, the judge might exclude specific evidence from the trial. Without that evidence, the prosecution might have no choice but to dismiss the criminal charges.
Cooperation in Another Case
If you have information about another case that might be bigger than your case, the prosecutor could drop the charges against you in exchange for your cooperation. This situation often arises in drug cases.
Before you tell what you know, make sure to discuss the matter with a criminal lawyer. The information you have could result in avoiding a conviction.
Entering a Pretrial Diversion Program
You could be eligible for pretrial intervention, depending on the criminal charges against you. You are required to complete all the terms and conditions of the diversion program. If you are successful, the state dismisses the criminal charges against you.
Mistakes Made with the Chain of Custody
Law enforcement officers and the prosecutor must maintain a proper chain of custody to protect evidence in a criminal case. If there are mistakes or errors made with the chain of custody, the court could throw out the evidence.
For example, say you are charged with a sex crime. The rape kit is mistakenly opened. Your attorney could argue that the evidence was contaminated or it was tampered with before trial. The result could be a dismissal of charges.
How to Get Criminal Charges Dismissed in Cincinnati, OH?
Hire an experienced criminal defense lawyer as soon as possible to represent you in your criminal case. An attorney understands the law and how to use the law in your favor. Having a strong legal advocate on your side is the best way to fight criminal charges.
Contact the Cincinnati Criminal Defense Attorneys at Suhre & Associates, LLC For Help Today
Suhre & Associates, LLC – Cincinnati
600 Vine Street, Suite 1004
Cincinnati, OH 45202