Reject criminal charges:
Top 7 ways to end the nightmare
It is possible to discharge your criminal complaint.
If you have been arrested, you want to know how your defense lawyer can dismiss your indictment.
Of course you understand that you are innocent until proven guilty.
But dismissing your criminal complaint would put a quick end to your nightmare.
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What are your options
You have two options if you cannot dismiss your complaint.
Option 1: find guilty
Option 2: try it out
You will be offered a plea in every criminal case OR you can take your criminal case to court.
If you accept a plea deal, you have to admit that you committed a crime.
If you go to court, you incur enormous costs and your fate lies with a jury.
Of course, you know that you are innocent until proven guilty.
But the criminal process is long and you may have many sleepless nights until your case ends.
First, it is important to have a clear understanding of the criminal charges brought against you.
Are you facing crime or misdemeanor?
What are the punishments and consequences of your indictment?
Are you going to have immigration consequences?
Or is your career at risk?
Next, find the criminal lawyer that's right for you.
During your meeting, your defense lawyer should patiently listen to your side of the story.
Next, he will explain your allegations and understand the long road ahead.
dropped charges against dismissed charges
Before we get to the good things, let's answer this question:
"What is the difference between dismissing and submitting lawsuits?"
Filed and dismissed fees lead to the same result.
"Indictment dropped" means that the prosecutor has stopped pursuing the indictment.
In other words, you never have to go to court.
For example, this happens when a detective discovers that an important witness lied about what he saw.
Or if DNA evidence shows that it is impossible for you to have committed the crime.
"To reject your lawsuit" means that your lawyer has found a violation of the constitution.
For example, the police conducted an illegal search.
Let's discuss the top seven ways you can dismiss your complaint.
7 ways to dismiss criminal charges
1. no probable reason for arrest
In New Jersey and across the country, the police need a "probable reason" to arrest you.
This is a fundamental right that protects citizens from tyranny.
In other words, a police officer cannot arrest you because he has an "idea" that you are doing no good.
He must provide an acceptable explanation for his arrest.
The official's reasonable belief must include objective, factual evidence and circumstances.
For example, if a police officer receives a notice that a drug dealer is wearing a pink bow tie, the police officer may have a reason to stop a person who complies with this description.
But if the officer sees you and you don't wear a pink bow tie, he can't just arrest you.
They do not match the description.
We are submitting an application to the court showing that there is no probable reason.
If the court agrees, your criminal complaints will be dismissed.
2. Contesting the complaint
Police officers must sign criminal charges under oath.
If the lawsuit against you contains serious errors, we will file a motion to dismiss you.
For example, suppose you are 5 feet 9 inches tall, weigh 150 pounds, and have blonde hair.
And the official's complaint states that you are 6 feet 6 inches tall, weigh 300 pounds, and have purple hair.
Well, you get the picture.
3. Illegal search
The fourth amendment to the U.S. Constitution protects citizens from illegal stops, searches, and confiscations.
This is the law of the country.
Law enforcement can only stop you in certain circumstances.
As mentioned earlier, the police need a "probable reason" or "reasonable belief" that you may have committed a crime.
In addition, the police can only search you, your car, or your home if they have a search warrant.
However, there are exceptions to the warranty obligation.
For example, the police can search your bags after your arrest.
This happens when the officer believes that you are carrying a weapon.
If the police conduct a search without a warrant or special circumstances, the evidence will be suppressed.
As a result, your criminal charges will be dismissed.
4. because the grand jury said so
After your arrest, the public prosecutor's office must present the case to a large jury.
The grand jury adds another level of constitutional protection.
You listen to witnesses and look at the evidence.
If they find there is enough evidence to determine a probable cause, your case continues.
However, if the grand jury finds no probable reason, your criminal charges will be dismissed.
5. insufficient evidence
Remember, your arrest is the starting point of your criminal proceedings.
Crime cases last for months and sometimes years.
A lot happens while your case is pending.
The prosecutor can drop your criminal complaint after discovering new evidence through their investigation.
One reason can simply be a lack of evidence.
The other reason may be that the evidence against you is weak.
Another possibility is that newly discovered evidence will relieve you.
This means that the evidence shows that it was not you who committed the crime.
It is important to highlight the role of your defense lawyer here.
You see, while the prosecutor's office is investigating, your lawyer is doing his.
Aggressive and committed defenders work tirelessly to protect you.
You are working hard to find evidence to show that you are innocent of the accused crime.
This evidence is then made available to the prosecutor.
As a result, your criminal charges will be dismissed.
6. Procedural issues
The police and prosecutors must follow strict criminal procedures.
During your arrest, booking, and questioning, you must follow the law.
If the police violate your constitutional rights, these violations will result in your criminal charges being dismissed.
A common example is a Miranda injury.
If you have made an incriminating statement without receiving a proper Miranda warning, your statement will be suppressed.
This alone does not guarantee that your criminal charges will be dismissed.
But it always helps to get rid of incriminating statements.
Procedural issues are difficult. So make sure you have a good lawyer!
7. Lack of resources
Let's be honest; Prosecutors are busy people.
You have tons of cases. As a result, they are often forced to concentrate on their most serious cases.
Your criminal charges can be dismissed or dropped just because the prosecutor has bigger fish to roast.
The truth is that it is not common to dismiss serious criminal charges.
You are more likely to be released if you are accused of a minor crime and have no criminal record.
If they can't be fired, try lowering your fees
You may be surprised at the possibility of reducing a fee.
If the evidence against you is weak, your lawyer can fight for a reduced charge.
It is a win-win situation for everyone involved.
The case is solved and your nightmare is over.
A crime can be downgraded to a crime.
In this case, prison is no longer an option. You can pay a fine and get an error in your file.
But you will be relieved that the case is over.
Of course, our priority is to reject your lawsuits, but a reduced charge can also be a home run!
In return for a guilty confession to a reduced charge, a prosecutor can offer a "consent form". This happens when a prosecutor agrees to dismiss the original criminal complaint. You must agree to plead guilty to a less stringent charge instead.
We have outlined 7 ways you can fight to dismiss your complaint.
Each case is different and the method you choose is determined by the facts of your case.
Remember that it is very important to choose the right lawyer for you.
The rejection of criminal complaints is associated with many legal challenges.
In many ways, you only have one opportunity to reject your case.
Make sure you don't waste it.
We offer free advice and are happy to help you.
Here's a great article to help you get answers: Plea bargain: what are they? And why are they used?
The Post Dismiss My Lawsuits: Top 7 Ways To End The Nightmare first appeared on Peyrouton Law.