If you have been arrested for a crime, the best possible outcome in most cases is that the charges will be dropped. At Law Offices of Patrick S. Aguirre we find that many clients don’t realize that there are actually many different reasons we may be able to convince the prosecution or a judge to drop or dismiss the charges. Keep reading to learn about a few of them and then contact us at 800-572-1252 for a free legal consultation.
Proving That the Police Did Not Have Probable Cause to Arrest You
If the police arrested you without probable cause then you may be able to have your charges dropped or dismissed. The police are not legally allowed to simply arrest a person because they feel that the person likely committed a crime. They must have factual evidence that shows the person may have committed the crime. This can include witnesses, physical evidence, and more.
We May Uncover a Mistake in the Criminal Complaint
The police officer who wrote the criminal complaint / charging document against you is required to sign it under oath. This involves them attesting to the fact that it is entirely factual and truthful. If that statement does not meet the requirements of state and local law, or if it has a serious error or omission, it cannot be simply edited and resubmitted by the prosecutor.
Instead, the officer must make the changes. If the officer is no longer working on the case, or if they are not available for another reason, and there were no other officers involved, then there may be no choice but for the prosecutor to dismiss the case.
We Will Ensure You Were Not the Victim of an Unlawful Stop and Search
Police are only allowed to stop a vehicle or person for certain reasons, such as breaking laws or speeding. If they stopped you randomly, then the stop is not lawful and your constitutional rights have been violated.
Additionally, they are only allowed to search you, your car, or your house if they have a search warrant, probable cause, or your permission. For example, if they had a “reasonable belief” that you are carrying a weapon then they can legally search you. The police may ask to search you or your property in such a way that you believe you have no option but unless they have a warrant, you do not have to submit.
There May Not Be Enough Evidence
If you are arrested and have charges pending, the prosecutor is required to present their case to a judge or grand jury to show that they have enough evidence to move forward. Your criminal defense attorney will argue that they do not have sufficient evidence. It may be that they do not have the evidence at all, or it may be that once we have had unlawful evidence deemed inadmissible, they no longer have the evidence required. Contact an attorney today for a free legal consultation.