Beating charges against them is the goal of many, as being cleared means being spared of criminal records, jail or prison time and other consequences associated with an arrest.
Prosecutors owe an ethical obligation to both the court and public in winning cases, so when they detect signs that a case might be weak they must either supplement it with more evidence or drop charges altogether.
Before an arrest can take place, there must be evidence proving a crime has been committed and that the defendant is accountable. If a prosecutor cannot establish this link between crime and defendant, and arrest, case may be dismissed.
Defendants who believe they were stopped without probable cause by police should file a motion to dismiss with their attorney immediately, asserting that there are no reasonable grounds to suspect criminal behavior by law enforcement officials; this includes cases where law enforcement stops individuals for reasons such as race profiling and other forms of discrimination.
Exculpatory evidence can also help a defendant win his or her case, particularly when the prosecution relies on untrustworthy witnesses or victims who refuse to cooperate. It can also help disprove claims by prosecution that accused has an extensive criminal history.
Courts may dismiss cases unilaterally due to insufficient evidence or procedural errors, often because of a lack of evidence or procedural mistakes. This form of dismissal, known as “dismissal without prejudice”, still allows prosecutions to refile charges with new evidence that would strengthen their case in the future; these types of dismissals can also occur when witnesses recant their statements or scientific analysis reveals new information that disproves existing testimony and data.
Criminal defendants ideally aim to have their charges dropped before going to trial, either due to new evidence that has come forward or because the prosecution lacks sufficient proof.
Exculpatory evidence can play an essential role in dismissing cases. Exculpatory evidence includes anything that excuses, justifies or absolves a defendant of any guilt or fault; it also creates reasonable doubt within jurors’ minds.
Due process dictates that prosecutors disclose any exculpatory or impeachment material they possess, whether found within police reports or not. This requirement, known as the Brady Rule, was established by the U.S. Supreme Court in 1963.
Brady material can include DNA test results, witness retractions or recantations statements and scientific analysis of the crime scene. If your attorney can present enough exculpatory evidence to the prosecutor, they may drop charges against you; however, keep in mind that even after they do this they could still refile them at a later time.
Violation of Rights
Human rights laws exist to safeguard individuals against various forms of discrimination, harassment, or abuse. Individuals’ rights can vary according to circumstances but typically include freedom of speech and religion as well as protection for women and minorities. There are also laws against housing discrimination, political activity retaliation retaliation and violations of personal autonomy.
If someone’s civil rights are violated, the individual who believes their rights have been infringed may have recourse in filing a civil suit against those responsible. However, simply believing your rights have been infringed doesn’t automatically warrant filing suit; many government employees enjoy full or partial immunity so can only be sued when specifically stated by law as being at fault.
Civil rights are generally protected by state and federal laws, however there may be crimes that violate individual’s constitutional rights regardless of where they occur in either country or state. Such violations, known as “civil rights violations”, include police using excessive force during an arrest to employers denying employment based on race or gender. Such offenses typically lead to civil lawsuits filed under Section 1983 of the U.S. Constitution or federal Civil Rights Act of 1968 to address them.
Lack of Evidence
The prosecution must present sufficient evidence against you in order to establish probable cause that you committed an offense, but sometimes they have no choice but to drop charges altogether when circumstances prevent this from occurring. For instance, witnesses recant their statements, scientific analysis reveals information previously unknown or lost evidence is recovered from crime scenes, or a prosecutor makes procedural mistakes that undermine their case against you.
Prosecutors and district attorneys often find themselves overburdened with cases, and may need to prioritize some crimes over others or drop minor ones due to lack of time or resources to continue prosecuting them. Your attorney might be able to persuade them that you’d be willing to help solve other crimes in exchange for dismissing your current charges.
Dismissal of criminal cases avoids conviction and prevents further charges from being filed in the future; however, it does not remove your record of the incident from background checks. If you wish to have your criminal charges dropped without conviction or conviction being entered against you, contact our firm and speak with one of our experienced attorneys Neal Davis can assess your case and assess whether there are grounds to get them dropped from record.