When someone is charged with a criminal offense, they may think about whether or not the charge could be dismissed. A dismissal can happen, but only under certain circumstances.
It is important to note that there is a difference between charges being dismissed and charges being dropped. To be dismissed, the charge must have already been filed. A charge can actually be dropped before or after they were filed.
What are My Legal Rights in a Criminal Case?
People who are arrested and face criminal charges are still entitled to certain legal rights, and these rights are in effect as soon as the police enter the scene. There must be probable cause for an arrest, and law enforcement officers must read the Miranda warning when arrests are made. Police are also not permitted to carry out illegal stops, and they cannot deny anyone their right to speak to an attorney.
Some defendants and their attorneys are able to show that law enforcement officers committed other procedural violations, like illegal search and seizures. These protections are based on the Fourth Amendment. A police officer must have a valid warrant to search the premises, and if they proceeded without having one, the evidence could be inadmissible in court. If any evidence was obtained in a way that violated the defendant’s constitutional rights, the case could end up being dismissed.
However, officers are permitted to search homes, people, or vehicles without search warrants if there are reasons to believe that arrested individuals are in possession of dangerous weapons. In addition, strict procedures must be adhered to when suspects are arrested, booked, and interrogated. There are also rules for pre-trial activities and setting bail hearings.
Sometimes, a prosecutor will dismiss or drop a criminal charge if they learn that the evidence is not solid. In other cases, new evidence will weaken the prosecution’s case. This additional evidence can prove that the basis for filing the criminal charge is unfounded.
Can a Minor Charge be Dismissed?
On the other hand, the prosecutor may reach out to the defense and request that the defendant cooperate with solving a larger crime or another case. The prosecutor and district attorney could have too many cases to handle, and they might choose to dismiss minor crimes. A person charged with a minor crime may be more likely to have their case dismissed.
How Can a Lawyer Help in a Criminal Case?
An experienced criminal defense lawyer can help the defendant get their sentence reduced, dismissed, or dropped. After someone is charged with a crime, they should contact a lawyer right away. A criminal record is serious, so it is important to obtain legal representation to explore available options.
Haddonfield Criminal Defense Lawyers at The Law Offices of Christopher St. John Protect Clients Accused of Serious Crimes
In some cases, criminal charges can get dismissed. If you were recently charged with a crime, contact one of our Haddonfield criminal defense lawyers at The Law Offices of Christopher St. John today. We help our clients get charges dismissed or dropped. Complete our online form or call us at 856-296-3481 for an initial, private consultation. Located in Haddonfield, New Jersey, we serve clients throughout South Jersey, including Burlington County, Camden County, Gloucester County, and Salem County.
Christopher St. John
Tess Berkowitz