![]() ![]() Failure to Read Miranda Rightsĭuring an arrest, police officers are required to read the offender their Miranda Rights: the right to remain silent, the right to consult with an attorney and be appointed one if you cannot pay, and the right to have an attorney present while being questioned. For instance, being stopped by an officer for purely your race or gender falls under such a category. Illegal Stop or SearchĪn individual may move to dismiss a case if they believe they were illegally stopped by a law enforcement officer for a reason other than a suspicion of crime. If defense counsel is able to prove that the arresting officer had no proper reason to suspect illegal activity or arrest their client, a motion to dismiss might be fitting. Lack of Probable Cause for Arrestīefore a police officer can arrest someone, they must have probable cause to do so. Below is a list of possible reasons for dismissal. There are many instances for which this may be the case. To dismiss a case involuntarily, the defense will need to file a California Penal Code 995 PC “Motion to Dismiss.” This motion essentially asks the court to “set aside” the criminal complaint filed by the government and dismiss all or part of the charges.Ī dismissal is appropriate if either party believes a charge has been filed unjustly. Your attorney may file a Motion to Suppress Evidence with this goal in mind.įor involuntary case dismissal, on the other hand, the defense is the party seeking dismissal, which is then granted by a judge acting against the wishes of the prosecution. This might happen if material evidence is being excluded or suppressed and they no longer have enough evidence to support your charges. If a case is voluntarily dismissed, this means that the dismissal was proposed by the prosecuting counsel. In terms of case dismissal, there are two types: voluntary and involuntary. Voluntary and Involuntary Dismissal at the HearingĪ case can certainly be dismissed at a pretrial hearing. He knows how they think, and he will use that knowledge to get you the best outcome possible at the pretrial hearing. It’s important to work with a criminal defense lawyer who knows how to negotiate with the prosecutor to get you the best plea agreement offer to reduce our charges. ![]() It’s common for the prosecutor to make a plea bargain offer to avoid going to trial. There are other options for resolving the case at the pretrial hearing as well. ![]() That doesn’t mean your case cannot be resolved in another manner, though. However, if the Motion to Dismiss is not granted, then you will continue through the legal process towards trial. If it is granted, you will be free to go. The judge will rule on the Motion to Dismiss during the pretrial hearing. They will make arguments regarding how you were treated, how the evidence was handled, and whether the prosecutor can meet their burden of proof that you even committed a crime. Your attorney will likely submit a Motion to Dismiss your entire case. More commonly, however, a pretrial hearing is where attorneys and a judge decide if a case is even worth a trial. For instance, it is during a pretrial hearing that parties may move to either admit or suppress certain pieces of evidence for trial. Top Criminal Defense Lawyers Work to Get Charges DismissedĪ pretrial hearing is a session either requested by a party or arranged by the court, during which both parties meet to raise any issues they might have with the case before it goes to trial.Voluntary and Involuntary Dismissal at the Hearing.In fact, only 5 percent of cases actually go to trial. It is important to understand the value of such a process because more often than not, cases are resolved at these pretrial hearings. Once being arrested and declaring a “not guilty” plea, the next step in your legal journey is to proceed with what is called a pretrial hearing.
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