How Can I Get my Criminal Charges Dismissed?
June 15, 2020
When you believe that your criminal charges should be dismissed, you must work with a criminal law attorney. A lawyer will help you uncover the reason why your charges should be dismissed, guide you through the legal process, and ensure that you understand how to comport yourself while dealing with the courts and law enforcement agencies.
Why Should my Charges be Dismissed?
Criminal charges must be backed up with evidence and proper police procedure. Your charges could be dismissed for any or all of the reasons listed below:
No probable cause: If law enforcement does not have probable cause to arrest you or search your belongings, your charges should be dropped. The court system very clearly defines what probable cause is, and an experienced lawyer will be able to determine if there was no cause for the arrest or search.
The criminal complaint was incorrect: Many criminal complaints are factually incorrect or completed improperly. When the law enforcement agency that arrested you and the courts do not agree on why you should be charged, your charges may be dismissed.
Illegal search and seizure: An illegal search may nullify all the evidence that was found. Due to this, your charges could be dismissed.
No witnesses or evidence: When you have been charged with a crime, there must be evidence, witnesses, or both. If the courts or law enforcement agencies do not have anything to go on, a lawyer may be able to help you get charges dismissed. No one should be accused without evidence, and if witnesses will not testify, you should not be charged.
The prosecutor dropped the charges: Prosecutors often drop charges on their own because they do not have a case. When this happens, they may come to this conclusion on their own or with help from another attorney. If there is not a strong case against you, a knowledgeable attorney will ask the prosecutor to drop the charges before filing a petition on your behalf.
After an appeal: When you have won an appeal, your record should be expunged. Any instance of the charges against you should be removed from the official record, and a lawyer will work with you to ensure that local, state, and federal agencies clear your record properly.
When the officer has no jurisdiction: Finally, an officer may not have jurisdiction to arrest you or search you. When this is the case, an experienced lawyer will ask that the officer be disciplined and also petition to have any criminal charges dropped.
How do I Petition for Charges to be Dismissed?
You cannot petition to have your charges dismissed. Also, it is advisable to avoid complaining to the court or any local law enforcement agencies. An attorney will investigate your case, determine why your charges should be dropped, and use that information in a petition.
West Chester Criminal Defense Lawyers at the Law Offices of Heather J. Mattes Help the Accused Petition for Criminal Charges to be Dismissed
Reach out to one of our accomplished West Chester criminal defense lawyers at the Law Offices of Heather J. Mattes when you need help getting any criminal charges dismissed. Call us today at 610-431-7900 or contact us online for a free consultation. Located in West Chester, Pennsylvania, we serve clients throughout Chester County, Bucks County, Delaware County, Lehigh County, Montgomery County, and Philadelphia County.