Have you been charged with a crime? If so, your case may go to trial and you may be at the mercy of the court. But you may also be able to get your case dismissed with the help of a criminal defense attorney. An attorney who specializes in criminal law will know how to get a criminal case dismissed. But how will they do it?
There are many different strategies criminal lawyers use to get their clients’ cases dismissed in court. Here are some examples.
- Alibi. The best defense is a good alibi. If your attorney can prove you were somewhere else while the crime was committed, you can’t be guilty of it. But your alibi requires at least one reliable witness who can vouch for your whereabouts at the time of the crime.
- Circumstantial evidence. Sometimes the prosecution has no viable evidence to support the charges. If there is no physical evidence or any eyewitnesses to prove that the defendant committed the crime, the case should be dismissed.
- Biased witnesses. A criminal defense attorney can suggest that a witness may be biased. Law enforcement will sometimes offer a lighter sentence or criminal immunity to someone who is willing to give a testimony. This makes the witness unfairly biased against the defendant because they are looking out for their own interests and may lie or embellish their testimony.
- Illegally obtained evidence. If any evidence being used in the trial was obtained illegally, such as search and seizure without a warrant, that evidence can be dismissed from the trial. In some cases, if that was the only evidence, that may be enough to cause the case to be dismissed.
- Self-defense. In some cases, your attorney may try to claim that you acted in self-defense. That would suggest that you had no other option to protect yourself than to commit the alleged crime.
- Insanity. To plead insanity means to claim that when the crime was committed, you were not able to control your actions or make sound decisions between right and wrong. This is sometimes referred to as temporary insanity.
- Under the influence. If your attorney can prove that you were under the influence of alcohol or drugs, with the exception of DWI, it may be a partial defense. If you were unknowingly drugged or involuntarily under the influence when you allegedly committed the crime, this may be a complete defense that could get the case dismissed.
- Entrapment. If a law enforcement officer coerces or induces you to commit a crime, your attorney may be able to get your case dismissed. This is called entrapment, which is illegal.
- Coercion. In cases where you were threatened with bodily harm to commit a crime, your defense attorney may be able to get your case dismissed.
- Raising doubt. Defense attorneys are experts at raising doubt. A criminal defense attorney’s job is to make the members of the jury doubt that you could have committed the crime. The United States justice system is based on the fact that every citizen is innocent until proven guilty in a court of law. In most criminal cases, in order for someone to be convicted, the jury must unanimously find the defendant guilty. But an experienced defense attorney will raise doubt in the minds of the jury so that they can’t be sure without a reasonable doubt that the defendant is guilty.
Facing Criminal Charges? Contact Kelly Legal Group
Being charged with a crime can be a frightening experience. You need the help of an experienced criminal defense attorney. Kelly Legal Group knows how to get a case dismissed, if at all possible. We know a variety of strategies to build a strong defense. Our familiarity with the local court system gives us an edge so that we know from which angle to approach your case with the judge and jury. If you’re facing criminal charges, contact Kelly Legal Group immediately.