Getting Your Case Dismissed
You may be a candidate for a diversionary program that would allow you an ultimate dismissal of your case despite the fact that the state can prove the case against you. Or the circumstances of your case may lead to motions that may ultimately lead to the dismissal of your case even when it appears to you that it is hopeless. Consulting with an experienced criminal defense attorney will help you navigate these options.
There are several opportunities in each criminal case for a potential motion to dismiss based on procedural requirements (many refer to these as “technicalities”). The law affords you certain rights before trial – some tied to the charging documents, others to warrants, still others to the timing of your arrest and of your trial. If the prosecutor fails in some way in relation to these rights, your defense attorney can file motions to dismiss.
When procedural rights are not an issue, your attorney may still be able to file a motion to dismiss the charges for lack of probable cause – either based solely upon an affidavit supporting the arrest and/or information, based upon lack of evidence at a preliminary hearing or based on the suppression of evidence or testimony (a separate motion and hearing). Sometimes, the court will prohibit certain testimony or evidence from being admitted at trial due to procedural and/or constitutional problem with the investigation. And, often, the prohibition or suppression of that evidence makes the charge unprovable. Dismissal becomes the government’s only option.
And, as noted above, you may be eligible for diversion – in which case, the prosecutors agree to place you on a sort of probation, pending final resolution of your case. If you successfully complete the diversion/probation, the charges are dismissed. This option is generally only offered to nonviolent, first-time offenders and only in certain types of cases.
If you have been charged with a crime in Hillsborough, Pinellas or surrounding counties, contact us immediately. Call 727-315-1685 or fill out our contact form to have us call you. We can also discuss your case privately in either our Clearwater or Tampa office.