That’s because police must follow specific procedures to gather evidence, investigate alleged crimes, make arrests, preserve evidence, and more.
Procedural ViolationsĪny prosecution case does not start when the police report is passed off to the prosecutor. Here are just some of the ways a defense lawyer can highlight problems with prosecutors’ cases and position the defense for better outcomes, like dismissals. This is where specifics of the case come in. While many end in plea deals, prosecutors can be persuaded to dismiss cases when they have minimal or zero chances of a win. Pointing out the weaknesses of the prosecution’s case: Prosecutors have to be strategic about the cases they bring to trial, and the latest data shows that no more than 2% of criminal cases (state and federal) ever make it to trial.So too can anything that shows circumstances, challenges, values, and plans for the future. Messages from loved ones, professional acknowledgments, and medical records can all be helpful.
Establishing character: The goal here is to prove that the accused individual is a good person, someone who maybe was in the wrong place at the wrong time or made an error in judgment but who is not a danger to society.No matter what specific tactics a criminal defense attorney uses to this end, they’re all focused on: The details and evidence of a case will dictate whether a dismissal may be possible and, if so, the best ways of seeking it. How Criminal Cases Get Dismissed in Colorado A skilled lawyer can identify and pursue the best strategies for convincing prosecutors to dismiss a case. That’s where an experienced criminal defense attorney comes in. Subjective and objective reasons that make a dismissal stand out as serving the best interests of justice.Sufficient doubt about their chances of securing a conviction at trial.And prosecutors won’t automatically dismiss criminal charges and cases without: Like any strong defense, however, dismissals don’t come out of thin air. It can also leave the option of a future expungement on the table. It immediately ends the possibility of a stressful trial. The dismissal of a criminal case is the ideal outcome for anyone facing charges.