If you’re facing criminal charges, you might be experiencing severe
stress as the result of an ongoing investigation. While you could seek
a plea deal to shorten the proceedings, it isn’t the only way to
avoid a conviction. Depending on the circumstances of your case, you may
be able to get your charges dismissed before they ever go to trial. There
are three possible ways your attorney can help you seek a dismissal of
Lack of Evidence
Before your case ever goes to trial, the district attorney (DA) must decide
whether or not there is sufficient evidence to show you committed the
crime. An experienced criminal defense attorney can talk to the DA and
prosecutors when they are going over police reports and convince them
there is insufficient evidence to lead to a conviction. If that fails,
your lawyer can file a motion to dismiss with the court, and the judge
will decide whether or not there is enough proof of your guilt to proceed.
Fourth Amendment Violations
The Fourth Amendment to the U.S. Constitution was added to protect the
rights of individuals against illegal searches and seizures by law enforcement.
Any evidence gathered in violation of this amendment can be excluded from
the case against the defendant. So, if evidence was collected from your
property without your consent or a warrant, your attorney can likely prevent
any of that evidence from being used against you. If it’s also the
only evidence against you, the case will probably be dismissed.
Police and prosecutors
must follow criminal procedure correctly. If they do not follow procedure at
any point during your arrest, booking, bail hearing, or pretrial activities,
your rights could have been violated. Sometimes procedural errors can
provide grounds for dismissing a case entirely.
To discuss whether any of these reasons for dismissals are possible, talk
to one of our skilled
Houston criminal defense attorneys at
The Law Offices of Jed Silverman. Our award-winning lawyers are committed to protecting the rights and
freedom of our clients. Our firm also specializes in criminal defense,
meaning we don’t split our time between different types of law.
We consistently handle a broad range of criminal charges and can handle
even the most complex and challenging case. Let us see what we can do for you.
Contact us at (713) 597-2221 or fill out our online form to schedule a free, confidential