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Why Charges May Get Dropped In A Criminal Case

A lot of criminal cases tend to be resolved by negotiating a plea with the prosecution or via a courtroom trial, but there are instances when the prosecuting attorneys choose to drop the charges because they are unlikely to actually obtain a conviction. In some instances, the decision to do this is based on the case's strength or the fact that the defendant's rights were violated at some point during the investigation. Keep reading to learn a few of the factors that a criminal lawyer may use to have criminal charges dropped.

Lack of Probable Cause

Prior to pulling a vehicle over or stopping an individual on the street, authorities need to have probable cause in order to believe that the individual is engaged in some sort of criminal activity. If your criminal lawyer is able to show that the authorities behaved improperly, it is likely that the judge will exclude any information that was collected because of the police's improper behavior.

Illegal Search

As a general rule, authorities need to have your consent or a warrant in order to conduct a search of your property or your person. If a police officer finds evidence of illegal acts and does not go through the proper channels, any evidence or information that is obtained can potentially be challenged by your lawyer.

Wrongfully Obtained Evidence

While it is true that the products of illegal searches are generally excluded from the courtroom, it is also true that any evidence that authorities collect from leads that are based on inappropriate behavior as well. For instance, if authorities learn about a storage unit that has been rented while they are performing an illegal search of the computer of a suspect, the contents in said storage unit are unable to be used to build their case. In the event that the prosecution's case is primarily based on "fruit of the poisonous tree," they may be forced to simply drop the charges against the defendant.

Insufficient Evidence

While the authorities may have adequate evidence to justify arresting a defendant, it does not necessarily mean that the prosecution will be able to convict him or her. In the event that the state is unable to prove their claims beyond a reasonable doubt or if any exculpatory evidence is brought forth, the case may be abandoned by the prosecuting attorney.

If you are facing criminal charges, contact a local criminal law attorney who can help protect your rights and move toward the most favorable outcome.