Criminal Defense

10 Signs the Prosecution’s Criminal Case May be Dismissed – 2024

September 30, 2022 by Seppi Esfandi in Criminal Defense  
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Does The Prosecutor Have a Weak Case?

A person well-versed in the law can tell at a glance whether or not a criminal case has merit. When brought to trial, criminal cases have a reputation for being difficult to win. However, these deficiencies result in the dismissal of more than 90 percent of criminal prosecutions.

Remember that not all criminal charges result in a trial. Many charges are dismissed before trial due to discussions between prosecutors and defense attorneys. However, the prosecutor is the only person who may dismiss charges. There are various reasons why prosecutors decide to dismiss charges. One of them is when the alleged victim in a criminal case chooses not to assist with the prosecution. If the victim changes their mind, the prosecution has nothing to go on without new proof.

Here are signs that your criminal case is weak:

1. Inadequate Proof of Guilt

The prosecution’s job in a criminal case is to collect evidence and present it to the court or the grand jury to establish guilt beyond a reasonable doubt, the standard for guilt in such situations. The evidence must show that you are guilty of the offense for which you are being prosecuted. For this reason, your charges may be voluntarily dropped before trial if the prosecution determines there is inadequate evidence to proceed with a case against you.

2. Unavailability of a Witness

Witnesses play a crucial part in prosecuting criminal cases; consequently, the absence of witnesses indicates a weak criminal case.

If nobody can confirm that they witnessed you do the crime, and there is no video proof or scientific evidence, such as DNA or fingerprints, putting you at the scene, the case is not watertight and may be rejected easily.

3. Inadmissible Evidence

Evidence that was obtained dishonestly is a red flag in any criminal prosecution. All evidence presented in court must have been obtained lawfully and with all necessary authorization.

In the absence of a valid search warrant, the evidence obtained by the police during a break-in at your home to obtain incriminating information might be ruled inadmissible or suppressed in court, thus leading to the dismissal of the charges against you. However, this is not always the case, particularly if the authorities happen to catch a criminal in action.

The Supreme Court determined that phone searches need a warrant. The evidence may be thrown away if the police search your phone without a warrant. Since the phone was searched without a warrant, it may be inadmissible in court.

4. Lost Evidence

If crucial evidence is lost that would be used to establish your guilt, the court or prosecution may be forced to drop the charges against you.

Evidence may also be suppressed if law enforcement officials cannot provide a “chain of title” demonstrating that the evidence was properly handled from when it was first collected as evidence to when it was introduced at trial. The prosecution may not prove guilt without this proof.

5. Failure to Establish a Probable Cause (Such as an Illegal Stop)

Officers may make arrests only when they have probable reason to do so. If the police can identify a suspect who fits the description, they have reasonable suspicion to hold and question that individual. A citizen may notify law enforcement about a robbery and provide details on the suspect’s clothing, for instance.

A person’s charges may be dropped if it is shown that their arrest was made arbitrarily, without any basis in law. However, if the prosecution can collect evidence crediting to the notion that you committed a crime, they may re-file the case or withdraw your dismissal plea.

6. The Criminal Complaint Contains Errors

When an officer files a criminal complaint, they must take an oath affirming the veracity of the claims made in the document. The contents of the charging document are crucial since they must provide the defendant with a fair warning of the charges and their outcomes. If a criminal complaint is filed incorrectly, the charges against the accused person may be dropped.

The methods in which we may assist you are varied. Even if the evidence against a suspect in a criminal case is weak, it does not imply justice cannot be served, and the perpetrator let go scot-free. Consult the specialists at The Evidence Room before proceeding to trial.

7. Lack of Intent (Requires the Intent Element)

Essentially when your side of the story is stronger or more compelling than the police, you may have an attorney talk to the DA and have the charges dropped due to circumstances that made the crime unpreventable or that your intent was not what the police assumed. Be aware this is only applicable to crimes that require the intent element.

8. Police Misconduct

If a police officer knowingly and intentionally files a report that includes false statements made by a third party, that police officer is not liable under Penal Code 118.1. A PC 118.1 violation is a wobbler and, as such, can be charged as either a felony or a misdemeanor.

9. A Weak Plea Deal is Offered

If the prosecutor offers some form of deal or diversion without a fight this may mean he doesn’t have a strong case. Contact an attorney to see your options.

10. Your Lawyer Uses Pre-Trial Intervention

By utilizing an early intervention expert it’s possible to have a case dismissed, dropped, or delayed without any effect on one’s criminal record. If this window of opportunity closes (24-48 hours), it can result in criminal charges being filed that may have otherwise been avoidable.

Hire a Criminal Defense Team

Need an Attorney? CALL NOW: 310-274-6529

Seppi Esfandi is an Expert Attorney who has over 22 years of practice defending a variety of cases.

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Lara S.
December 3, 2019
Seppi had my case reduced to just an infraction, and thanks to him I was able to keep my job. Jorge was extremely helpful too, the reason I went with this law firm. Overall pleased.

How to Win Your Case

We cannot stress enough that you read, understand and follow these 10 basic rules if you are criminally charged or under investigation:

  1. Don’t ever talk to the police
  2. Do not discuss your case with anyone
  3. Everything you tell your lawyer is confidential
  4. Tell police you need to contact your attorney
  5. Never consent to any search by the police
  6. If the police knock on your door, don't answer!
  7. Realize the consequences of a criminal conviction
  8. Your lawyer (not you) will contact any witnesses
  9. Information on your cell phone is evidence
  10. Early Intervention is the key

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