Have you ever wondered how difficult it is to have your criminal charges dismissed? An experienced Indianapolis criminal defense lawyer can walk you through everything you need to know. This blog will also explain why dismissals are not very common in criminal cases.
The Charging Process
First, let’s look at the process. The prosecutor won’t file charges against you until they have received and reviewed the probable cause affidavit. If they decide to file charges, the prosecutor will sign off on the affidavit and give it to the judge.
Charges are only filed if the judge agrees there is probable cause to believe you’ve committed a crime. Because of this, it’s extremely difficult to convince the judge that charges should be dismissed.
Difficult but Not Impossible
It’s not easy, but there are still ways for criminal charges to be dismissed. For example, if your attorney can prove that the traffic stop leading to your arrest was illegal, that can lead to evidence being suppressed. If the State is unable to admit its evidence, that can lead to a dismissal.
This can apply whether we’re talking about guns, drugs, or anything else. If your Indianapolis criminal defense lawyer can prove that the evidence was obtained illegally or improperly, that evidence can be excluded.
Keep in mind that if the State takes too long to file charges, you can seek a dismissal under Criminal Rule 4.
Motion to Dismiss
So what are the chances of getting your case dismissed? Unfortunately, it’s not very common. There are certain situations where a person can file to have their charges dismissed, but they are super specific and fairly uncommon in criminal cases.
In Indiana, bad witnesses are not grounds for dismissing a criminal case. Even if your attorney points out the problems with the State’s witnesses, the prosecutor can try to work with them or find more effective people to testify.
Likewise, a misunderstanding is not grounds for dismissing a case. On top of that, the more explaining you try to do, the more words you are giving the State to use against you. There is virtually no chance that your case will be dismissed because this has all been a big misunderstanding.
Even if your case can’t be dismissed, an Indianapolis criminal defense lawyer can help you. An experienced attorney will gather and review evidence and begin deposing witnesses.
Your lawyer might be able to show that no crime was intended and attack certain elements of the State’s charging information. The prosecution is not prepared to go to trial on every case. Therefore, if you can show that you are willing to go to trial, the prosecutor is much more likely to offer some sort of reasonable deal.
Make the Right Call
It’s always a good idea to have an Indianapolis criminal defense lawyer on your side. If you’re facing criminal charges, give us a call at 317-632-3642 and remember—always plead the 5th!