How Your Criminal Case Might Be Dismissed In California
Not every individual accused of a crime goes to court or accepts a plea bargain. As a result, the prosecutor or the court dismisses many criminal cases.
When a case is taken on, one of the first things top criminal defense lawyers in Los Angeles do is see whether the prosecution should dismiss the charges.
A defendant or their California criminal lawyer can persuade the prosecution to drop charges in several ways.
Types Of Case Dismissal In California
A case may be dismissed in a variety of ways. The manner of dismissal may significantly impact the case's outcome or the defendant's possible ability to have the case expunged from their criminal record.
1. Dismissed With Prejudice In California
When a case is dismissed with prejudice, it means that no more legal action may be brought based on the same claim when the case is concluded. This is because the judge has determined that a matter is decided and cannot proceed by dismissing it with prejudice.
That said, the defendant may appeal the decision in a higher court once a case has been dismissed with prejudice.
2. Dismissed Without Prejudice In California
If a case is dismissed without prejudice, additional lawsuits based on the same claim may still be brought within the relevant statute of limitations.
For several various reasons, cases may be dismissed without prejudice. For example, if a case is only partially settled and the plaintiff drops the charges in favor of a total settlement, that may be the reason for dismissal without prejudice. However, this judgment is subject to the defendant observing the terms of the contract.
3. Dismissed For Lack of Persecution
When a case is dismissed for lack of prosecution, it means neither the plaintiff nor the defendant actively pursued the matter. As a result, the case has been inactive on the court docket for a considerable time.
What Reasons Can A Case Be Dismissed In Los Angeles?
Prosecutors seek to win their criminal cases in addition to having an ethical obligation to be truthful with the public and the court. As a result, the prosecution team must strengthen its position with more evidence or dismiss the charges if it discovers any weaknesses in its criminal case.
That said, if you were to file a motion to dismiss in California, what are the reasons and arguments for it? Here's a list:
1. The Police Had No Reason To Arrest The Defendant
Law enforcement must have sufficient evidence to believe someone committed a crime before they may make an arrest.
So, for instance, the police cannot detain you just because they suspect you of robbing a neighboring department store. There must be objective factual evidence to support a person's suspicion that you robbed the store.
In contrast, if you were detained close to the business and there were no witnesses or other indicators that you committed the crime, your criminal lawyer in Los Angeles, California could persuade the prosecution to drop the charges.
2. You Provide Unquestionable Proof
Exonerating evidence is one of the most substantial reasons to dismiss a criminal case. They cannot continue with the prosecution if they no longer believe you committed the crime for which you were charged.
A plaintiff must establish guilt beyond a reasonable doubt to secure a conviction against you. Any hint that you were not guilty of the crime you were accused of is considered exculpatory evidence and can stop the prosecution from proving their case.
Examples of exculpatory evidence include:
Another person made a confession instead of you.
Crime scene footage reveals someone else committing the crime while you're not there.
You were not present at the crime scene when it occurred, according to an alibi witness or objective evidence.
The prosecutor should withdraw the case against you if your criminal lawyer in California provides strong evidence that exonerates you.
However, some prosecutors will only be persuaded to drop the charges if they are given a mountain of convincing exonerating evidence. This usually happens when the police have no alternative suspects. So, you want to make sure you have a solid criminal defense in Los Angeles to get your case dismissed.
3. If Your Rights Were Violated By The Police
The rule applies to evidence found after law enforcement has violated your constitutional rights. If this occurs, you or your California criminal lawyer can stop the admission of the evidence against you at your trial.
You have the following rights that should not be violated in arrest:
Unreasonable seizures or search warrants.
Self-incrimination under duress
Being required to go before a judge without a lawyer
Additionally, you also have the right to do the following:
Examine the witnesses who are defending you
See the evidence presented against you
Be assisted by legal counsel while being questioned by the police
Your judge has the authority to penalize the prosecution by excluding a witness or piece of evidence from your trial if any of your constitutional rights have been violated.
In the absence of this proof, the prosecutor can dismiss your allegations. However, keep in mind that without a knowledgeable criminal lawyer in Los Angeles, California on your side, it is very challenging to prove a constitutional infringement.
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