Reasons Your Florida Criminal Charges Could Be Dismissed
Being arrested and charged with a crime is one of the worst experiences anyone can have. However, there are some instances where you might be able to get your charges dismissed entirely. Dismissals often happen because your attorney raised the right defenses and filed the right motions. That is one reason why you want to retain a skilled Tampa criminal lawyer.
At Faulkner Law Group, PLLC, we have years of experience representing clients just like you. We understand what is at stake, and we can recognize when the prosecution has weaknesses in their case. If you were arrested for a criminal charge in Florida, let our experienced legal team help.
Here’s a look at some of the main reasons why your criminal charges could be dismissed.
No Probable Cause
Police need to have probable cause to suspect that you committed a crime, violated a traffic law, or were under the influence of drugs or alcohol to stop your vehicle. If the officer who stopped you didn’t have any good reason for doing so, there is a chance you could get your charges dismissed.
Insufficient Evidence to Prosecute
One of the main reasons for dismissing a case is when the prosecution doesn’t have sufficient evidence to prosecute the case. If the prosecution brings the case to a jury with weak evidence, the jury could acquit you. Rather than risk losing at trial, the prosecutor might dismiss the charges without prejudice so they can consider refiling the complaint with more substantial evidence.
Evidence is Illegal
If someone obtained any evidence illegally, the prosecutor might not be able to have it admitted. This could be a massive blow if the illegal evidence is the primary support for the charges against you. One example of possible illegal evidence could be drugs seized in your home without a valid search warrant. That could be a violation of your 4th amendment right, which protects you from illegally seized evidence being used against you in court.
Witnesses Are Missing
If the prosecution relies heavily on testimony for a witness and suddenly can’t track their witnesses down, it could be another blow to their case. If the prosecution is concerned a jury won’t convict without hearing this testimony, they may voluntarily dismiss the case.
Despite strict protocols, sometimes evidence winds up lost. Or, the evidence in question didn’t follow the chain of custody rules. That is when the police cannot show the evidence was properly handled from the time it was collected until the time of trial. If the judge suppresses the evidence, the prosecutor may not have a case.
Contact a Tampa Criminal Defense Lawyer
If you are charged with a crime, you want a skilled Tampa criminal defense lawyer on your side. Getting charges against you dismissed usually requires your attorney to file and argue a motion to dismiss. Do not hold out hope that a prosecutor will voluntarily dismiss them on their own. Contact Faulkner Law Group, PLLC, today to learn more about how we can help.