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Under What Circumstances Can a Case Get Dismissed?


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 your case.

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.

Procedural Issues

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 consultation today.

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