Law is there to ensure our safety as citizens. And justice always serves in favor of the truthful one. This is why we can observe that the case can get dismissed before proceeding to the trial in many instances. There are many reasons for which a criminal case may get dismissed. This article will bring you every essential information about “How to get a criminal case dismissed.”
There are some beneficial factors of knowing facts about the Law. Because you never know when you will need a lawyer to back you up. Having a strong concept about the Law and enforcement acts as leverage when you have an active lawyer defending you.
How to get a criminal case dismissed
To get your criminal cases dismissed, the first thing you need is useful and practical counseling from an experienced lawyer. Then you will need a lawyer to defend you against the prosecutor. For example,
Criminal Lawyers Surrey is a law firm in Surrey, where some of the most experienced lawyers work.
There are some factors or reasons for the case’s dismissal, and you have to consult with your lawyer to find out why your case can be dismissed.
The existing reasons for case dismissal are as follows:
Reasons to arrest
A police officer cannot arrest a person for a crime based on feelings or guesses. To make an arrest, an officer needs to have practical and factual reasons. Even if an officer is suspecting someone, the suspect has to come from objective and factual circumstances.
For example, you are an officer, and you are looking for a prime suspect. And there is an eyewitness who can describe the clothing, looks, and other bodily features of the person who committed the crime.
These physical factors have to match with a person for the police to have a suspicion. If all of the factors match someone, the officer can suspect the person and make an arrest.
If the person does not have any physical features matching with the physical features described by the witness, then the case will be dismissed.
Mishaps in Criminal complaint
An officer writes the criminal complaint or the charging document under an oath of keeping all content and information with truthfulness. For any change or editing, no one else can change the document, not even the prosecutor.
For any mistake to solve, only the officer has to re-write the document and solve all issues. If the officer is not present for any reasons like Retirement, sickness, or any reason, then the case will be dismissed.
There are cases when the police arrest a defendant, but the charges are pending. In that case, a prosecutor must present the case to a judge or grand jury and show a justified reason to trust the prosecutor about the defendant’s crime. The evidence must consist of a justified objective.
The evidence must be factual enough for the jury or judge to believe that the defendant committed the crime. If the jury or the judge finds the evidence not strong enough to act against the defendant, then s/he can dismiss the case. Sometimes for insufficient evidence, the prosecution himself or herself or the officer can drop the charge.
Missing witness or lost evidence
Sometimes the key witness may refuse to attend the court or identify the defendant for their crime, and then the case will be dismissed. Physical evidence and witnesses are crucial for the case. Sometimes the key witness acts as the primary evidence of a case.
If the key witness dies or refuses to identify, then the prosecutor may not have strong physical evidence, and the case will be under the order of dismissal. In some cases, the witness identifies the defendant for the first time of identification. And later, at the time trial, if the witness does not recognize the defendant for doing the crime, then the Grand Jury or the prosecutor may also dismiss the case.
Consult a Lawyer
In every case, an experienced lawyer is an essential part. A lawyer will know how to get a fair trial and the loopholes of Law. Sometimes, the prosecutor’s evidence may act against the defendant, but with a good lawyer, you can still get the case in order of dismissal.
A lawyer will also know other reasons and facts that play a role in getting a case dismissed, like unlawful stops and checks by the police.
Every day there are hundreds of people who are being accused of some crime all over the world. And to get justice, a lawyer fights with his or her best. Hence we never know what can come to you tomorrow but being aware is important.
To provide you with the law and enforcement awareness, we are providing this article to know what to do. With the given information, you can question the authority by yourself. And with that, when you have a lawyer, the judicial system will work on your behalf. Because Law and enforcement are there for the well-being of a law-abiding citizen.