While there are many reasons the courts could throw out your case, it’s safer to hire a North Dakota criminal defense attorney to represent you rather than rely on the state making an error.
Summary
- Probable cause is essential for arrests and charges; without it, criminal cases can be thrown out of court.
- Insufficient evidence makes it harder for the prosecution to prove guilt, leading to possible dismissal of the case.
- Illegally obtained evidence, such as from unlawful searches, is not admissible in court and may result in dismissal.
- Lost or destroyed evidence weakens the prosecution’s case and can lead to a case being dropped.
- Unavailable witnesses can prevent the prosecution from proving key elements of the alleged crime.
As a criminal defendant, having your case thrown out is one of the best outcomes you could hope for. However, this isn’t an easy feat to accomplish. The court can throw out a criminal case for various reasons, but you’ll need a skilled attorney to make it happen.
While a public defender can offer legal representation, you will likely want to opt for a private North Dakota criminal defense lawyer to handle your case if you are facing criminal charges. They are generally better equipped with the time and resources to take on the state.
The following is a look at some of the most common reasons courts dismiss criminal cases. If you need the help of a lawyer with extensive experience in criminal defense in Minot, Bismarck, Grand Forks, or another North Dakota location, speak with Sand Law.
While we’ll never promise we can have your case dismissed, we’ll do everything we can to do so. Please don’t hesitate to call us at (701) 609-1510 or contact us online to schedule a free consultation.
No Probable Cause
In criminal cases, probable cause is an essential legal standard that must be met before a defendant can be arrested or charged with a crime. Probable cause is a reasonable belief that a crime has been or is being committed and that the defendant is responsible. The court could throw out the case if there is no probable cause for an arrest or charge.
For example, if a police officer pulls over a driver for no apparent reason and then arrests them for a DUI without any evidence of alcohol or drug use, there may not be probable cause for the arrest.
The defendant’s attorney could argue that the arrest was illegal and that the court should ignore any evidence obtained from the arrest. This is a common reason DUI charges are dropped in North Dakota criminal cases.
Insufficient Evidence
Another one of the most common reasons that courts dismiss criminal cases is insufficient evidence. In a criminal case, the prosecution must prove the defendant’s guilt beyond a reasonable doubt. The court could throw the case out if the evidence is weak or insufficient.
For instance, suppose the prosecution has no witnesses, physical evidence, or video footage linking the defendant to the crime. If that’s the case, then proving their guilt will be very challenging. The defense attorney may argue that there isn’t enough evidence to support the charges and request the case be dismissed.
Alternatively, a North Dakota criminal defense attorney could challenge the reliability of the evidence. For instance, a criminal case could be thrown out if the defense lawyer is able to convince the judge that the DUI testing method used on their client was performed incorrectly or is a flawed tool.
Illegally Obtained Evidence
Another reason a criminal case may be thrown out of court is if law enforcement obtained the evidence illegally. The Fourth Amendment of the U.S. Constitution protects individuals from unreasonable searches and seizures. If the police obtained evidence illegally in violation of the defendant’s rights, such as through an illegal search or seizure, the court could throw that evidence out.
For example, suppose a police officer enters a defendant’s home without a warrant or consent and finds incriminating evidence. In that case, the court could dismiss that evidence. The reason is the officer didn’t have a legal right to search the home in the first place.
Lost Evidence
In some cases, evidence may be lost or destroyed, making it challenging for the prosecution to prove the defendant’s guilt. The court could dismiss the case if the prosecution didn’t produce key evidence.
Let’s say the prosecution claims that officers found a defendant’s fingerprints at the crime scene following a major drug bust. But the fingerprints were lost or destroyed before trial. In this instance, the federal drug offense criminal defense attorney could argue that the evidence was crucial. Since that evidence is missing, the court should dismiss the case.
Unavailable Witnesses
Witness testimony can be crucial in a criminal case. However, if a witness is unavailable or can’t be found, the prosecution will likely have a tough time proving the defendant’s guilt. The case will likely be dismissed if the prosecution can’t produce key witnesses.
For example, suppose a witness who claims to have seen the defendant committing a financial crime can’t be located or refuses to testify. In that case, the prosecution probably won’t be able to prove the defendant’s guilt. The defense attorney could argue that the court should throw the case out because of a lack of testimony.
Willingness to Cooperate
In some cases, witnesses or victims may be unwilling to cooperate with the prosecution, making it challenging for the prosecution to build a North Dakota criminal case against the defendant. However, if a critical witness or victim decides to cooperate with the defense instead of the prosecution, it could lead to the dismissal of the case.
For example, a victim of a crime could reveal new information. This information could contradict the prosecution’s case or undermine the credibility of the prosecution’s witnesses. If that happens, the defense attorney could use that information to argue for the case’s dismissal.
Wrongful Arrest
Finally, if police wrongfully arrested the defendant, the court could dismiss the case. A wrongful arrest occurs when an officer arrests a defendant without probable cause or if law enforcement violates their constitutional rights. Any evidence obtained from the arrest may be thrown out if the arrest was illegal.
For instance, if a police officer arrests a defendant for a crime they did not commit, the defense attorney could argue that the arrest was illegal. Any evidence obtained from the arrest should be thrown out as a result.
How An Experienced ND Criminal Defense Lawyer Can Help Get Your Case Dismissed
If you’re facing criminal charges or property crimes, drug-related offenses, or other unlawful conduct, it’s essential to have an experienced criminal defense attorney on your side. At Sand Law, we know that when law enforcement accuses someone of a crime, that causes an incredible amount of stress.
However, our North Dakota criminal defense lawyers have a great deal of experience. We’re experts in the law and will use our expertise to defend your rights. You can rest assured we’ll fight for the best possible outcome in your case.
In-Depth Legal Knowledge of the ND Criminal Code
A North Dakota criminal defense lawyer brings extensive knowledge of state and federal laws to your case. They understand the complexities of the legal system and can use this expertise to evaluate whether your constitutional rights were violated during your North Dakota arrest, or at any other point.
By identifying legal technicalities or errors in the prosecution’s approach, they can strengthen your arguments and increase the chances of dismissal.
Effective Motion Filing
Filing the right motions at the right time can be pivotal in achieving a dismissal. A skilled criminal defense attorney knows how to draft and file motions to suppress evidence, dismiss charges, or challenge the legality of a police search.
For example, if evidence was obtained through an illegal search, your lawyer can argue to have it excluded, potentially dismantling the case against you.
Skillful Negotiation to Get Charges Lowered or Dismissed
Negotiation is a key component in criminal defense. A proficient North Dakota criminal defense lawyer can work directly with prosecutors to argue for reduced charges or even full dismissal.
They know how to present mitigating factors, such as a clean prior record or evidence of rehabilitation, to influence the prosecution’s stance. Their negotiation skills can often result in resolving the matter without proceeding to a costly and lengthy trial.
Thorough Evidence Examination
An experienced defense lawyer leaves no detail overlooked. By meticulously examining the prosecution’s evidence, they may uncover flaws in the prosecution’s case, such as inconsistencies in witness accounts or improper handling of evidence.
This attention to detail can weaken the case against you, providing grounds for dismissal.
Strong Courtroom Representation
If your case proceeds to court, having a confident and skilled advocate is crucial. An experienced ND criminal defense lawyer excels in presenting arguments, cross-examining witnesses, and challenging the prosecution’s evidence in front of a judge.
Their ability to introduce doubt and present a compelling defense can lead to the judge dismissing the charges against you.
Contact Sand Law to Speak with a Criminal Defense Attorney
If you believe your criminal case could be dismissed for any of the reasons discussed in this article, please contact Sand Law to schedule a consultation with one of our experienced criminal defense attorneys.
Even if you are only facing minor charges, you may still need a North Dakota criminal defense lawyer. We can review your case, discuss your legal options, and work with you to build a strong defense strategy.
You can count on us to work passionately on your behalf. Our lawyers know how to find weaknesses in the prosecution’s case. Don’t wait – contact us as soon as possible to schedule your consultation. You can give us a call at (701) 609-1510, or you can use our online form.
Frequently Asked Questions
Can a dismissed case be reopened later?
Yes, in some circumstances, a dismissed case can be reopened. If it was dismissed without prejudice, the prosecution may refile charges if new evidence emerges or procedural issues are resolved. However, a dismissal with prejudice means the case is permanently closed and cannot be reopened.
What role does pre-trial motion play in getting a criminal case dismissed?
Pre-trial motions are critical in challenging evidence and procedural issues before a trial begins. They can request the court to suppress illegally obtained evidence or dismiss charges due to lack of probable cause. If successful, these motions can weaken the prosecution’s case and lead to dismissal.
Are dismissed cases still visible on my criminal record?
Yes, even if your case gets thrown out, dismissed cases may still appear on your criminal record. However, you can often petition the court to have the record sealed or expunged, depending on your jurisdiction.
What should I do if I believe my case has grounds for dismissal?
Consult an experienced ND criminal defense lawyer immediately. They can assess your case, identify legal or procedural errors, and develop a strategy to seek dismissal based on the circumstances.