What are the Top Reasons California Criminal Charges are Dismissed?
At the Kosnett Law Firm, our Los Angeles criminal defense attorneys understand that all arrests, charges, and potential legal penalties are different for each person throughout the State of California.
Factors that determine each person’s legal obstacles can include the severity of the crime they are accused of, their criminal history, the evidence, and the procedures used to detain and process them.
With the help of our experienced criminal defense lawyers Los Angeles, those same factors are often the very reasons a prosecutor may dismiss the charges against you.
Reason One: The Victim Is Not Willing to Cooperate
When someone is an alleged victim of a crime, he or she must be willing to cooperate with the prosecutor’s office to move forward with the charges when there is no other evidence available that can help support their case. If they change their mind, and no longer wish to cooperate with the case, the prosecutor may dismiss the charges.
Reason Two: Insufficient Evidence.
There is a substantial difference between charging someone with a crime and convicting them of one. If the prosecutor’s office does not have the necessary evidence to pursue a conviction, our Los Angeles criminal defense lawyers will pursue the motion necessary to dismiss the charges.
Reason Three: Fourth Amendment Violations.
Directly tied to reason two, reason three explicitly protects our clients from unlawful searches and seizures by law enforcement officials and investigators.
If the prosecutor has evidence that was illegally obtained, thereby violating our client’s Constitutional Rights, we will intercede and argue that the evidence cannot be admitted because of its illegal obtainment.
That can include collecting evidence without a proper warrant, illegally stopping a suspect, or lack of probable cause to make an arrest.
Reason Four: Procedural Problems Occurred During the Legal Process.
Each criminal process must follow strict procedures to ensure each person’s rights are protected.
That includes procedural requirements for:
- Arraignment and bail hearings
- Pretrial motions
Our skilled criminal defense attorneys Los Angeles will seek dismissals based on any impropriety that took place during these strict legal processes.
Reason Five: Prosecutorial Priorities and Resources
The Los Angeles County District Attorney’s Office is stretched very thin, which means smaller cases like first-time offenses and minor crimes may be dismissed with the help of an experienced criminal defense attorney, so they can focus on major cases.
If your charges are not eligible for outright dismissal, our accomplished attorneys will work hard to get them reduced.
If you have been arrested and are facing criminal charges, contact our Los Angeles & Irvine criminal defense attorneys at the Kosnett Law Firm today by calling (310) 445-5900 or by contacting us online. We will review your arrest and the evidence the prosecutor has against you to ensure your rights are protected while pursuing the best possible outcome for your case.
At Kosnett Law Firm, our criminal defense attorneys are experienced both in obtaining and defending Civil Harassment and Domestic Violence Restraining Orders California.