Can a Criminal Defense Attorney Help Me Get My Case Dismissed Completely?

Being charged with a crime is an incredibly stressful and frightening experience. The prospect of jail time, a criminal record, and other lifelong consequences can feel overwhelming. In some cases, the best outcome is getting the charges dismissed entirely before the case ever goes to trial. Here’s an overview of how a skilled criminal defense attorney can often make that happen.

LEVERAGING PROCEDURAL MISTAKES

Criminal cases involve extensive procedures that police, investigators, prosecutors, and courts must carefully follow. Defense lawyers analyze these procedures to spot any technical errors made along the way. Violations of procedures like reading Miranda rights improperly, mishandling evidence, or missing deadlines can get charges dismissed when brought to light. An experienced attorney recognizes issues to capitalize on.

INTIMIDATING THE PROSECUTION

Many weaker criminal cases are dropped simply because the prosecution doubts their ability to win at trial. An aggressive defense lawyer works to undermine the prosecution’s confidence through motions to exclude evidence, extensive requests for information, deposing witnesses, and more. If the prosecutor feels they no longer has a strong case, they may withdraw the charges rather than risk losing at trial.

USING AFFIRMATIVE DEFENSES

Affirmative defenses like self-defense, insanity, and duress provide legal justifications for defendants’ actions. A skilled criminal attorney can demonstrate through evidence and witness testimony that a defendant’s actions were defensible under the law. Proving an affirmative defense makes getting charges dismissed much more likely.

NEGOTIATING PLEA DEALS

Dropping charges completely is not always realistic. However, defense counsel can often negotiate plea bargains with lesser charges and penalties by leveraging weaknesses in the prosecution’s case. Many dismissed charges result from plea deals and pre-trial diversions, especially for first-time offenders.

GETTING CHARGES REDUCED

Even if unable to dismiss the case entirely, defense lawyers can frequently get serious charges reduced by contesting flaws in evidence and testimony. Felony charges often get knocked down to misdemeanors with less jail time. While not ideal, charge reductions are still a favorable outcome.

SECURING PRETRIAL INTERVENTION

Defense attorneys may be able to get eligible first-time offenders into pretrial intervention programs involving community service, counseling, rehab, or other conditions instead of jail time. By completing the program, defendants can avoid conviction and have their case dismissed.

CHALLENGING PROBABLE CAUSE

Lawyers can file motions arguing the police lacked sufficient probable cause for making the arrest or search in the first place. If convincing, this leads to evidence suppression and often charges being dropped due to lack of evidence.

CONTESTING IDENTIFICATION

Eyewitness misidentification is a leading cause of wrongful convictions. Skilled lawyers challenge questionable ID methods and point out inconsistencies in witness descriptions. This creates reasonable doubt and increases the chance of dismissed charges.

While a complete dismissal is not guaranteed, an experienced criminal defense attorney knows how to strategically build a case for dropping charges whenever possible. Their negotiation skills and thorough understanding of the complex justice system optimize the chance of this ideal outcome. With the right legal support, the odds of getting a complete dismissal significantly improve.

FAQs

What are some of the ways a good criminal defense lawyer can get charges dismissed?

• Challenging procedural errors and technicalities
• Intimidating the prosecution by contesting evidence
• Proving affirmative defenses like self-defense
• Negotiating plea bargains for lesser charges
• Getting felony charges reduced to misdemeanors
• Securing pretrial intervention programs
• Contesting probable cause and evidence suppression

What factors increase the chances of getting criminal charges dismissed?

Factors like having a weak prosecutor’s case, first-time offense, improper police conduct, affirmative defenses, good evidence suppression arguments, and eligibility for pretrial programs all improve the chances of dismissal. An experienced lawyer recognizes how to leverage these.

If the charges are dismissed, will I still have a criminal record?

If your case is dismissed before trial, there will be no conviction on your record. However, the arrest will still show on a criminal background report. Getting the arrest fully expunged requires formally petitioning the court after dismissal.

CALL US TODAY

Facing criminal charges in Houston or Fort Bend County? The dedicated defense team at Segura & Kiatta is ready to protect your rights aggressively. With over 20 years of representing clients in misdemeanor and felony cases, they have the experience to build a strong defense against your charges.

Attorney Victor Segura is a talented trial lawyer, while attorney David Kiatta is Board Certified in Criminal Law by the Texas Board of Legal Specialization. Their combined skills offer compassionate yet tenacious legal advocacy. They know how high the stakes are and will work tirelessly to preserve your freedom and record.

Whether you are innocent or had a lapse in judgment, you deserve the best defense. Segura & Kiatta don’t take plea bargains as a first resort. They conduct in-depth investigations, leave no stone unturned, and find ways to get charges dismissed or reduced when possible. If a trial is needed, they are prepared to vigorously defend you before a judge or jury.

The team handles all types of criminal charges in Harris and Fort Bend Counties including DUI, drug crimes, domestic violence, sex offenses, theft, and both misdemeanors and felonies. Don’t leave your future to chance. With decades of experience and superior legal skills, Segura & Kiatta can optimize your outcome.

If you or a loved one need aggressive criminal defense counsel, call Segura & Kiatta today at Facing Criminal Charges in Houston or Fort Bend County. The dedicated defense team at Segura & Kiatta is ready to protect your rights aggressively. With over 20 years of representing clients in misdemeanor and felony cases, they have the experience to build a strong defense against your charges.

Attorney Victor Segura is a talented trial lawyer, while attorney David Kiatta is Board Certified in Criminal Law by the Texas Board of Legal Specialization. Their combined skills offer compassionate yet tenacious legal advocacy. They know how high the stakes are and will work tirelessly to preserve your freedom and record.

Whether you are innocent or had a lapse in judgment, you deserve the best defense. Segura & Kiatta don’t take plea bargains as a first resort. They conduct in-depth investigations, leave no stone unturned, and find ways to get charges dismissed or reduced when possible. If a trial is needed, they are prepared to vigorously defend you before a judge or jury.

The team handles all types of criminal charges in Harris and Fort Bend Counties including:

• DWI
• Drug Charges
• Domestic Violence
• Expunction/Non-Disclosure
• Sex Crimes
• Continuous Sexual Abuse Defense
• Improper Relationship Between Educator and Student
• Promotion of Child Pornography
• Online Solicitation Defense
• Aggravated Sexual Assault Lawyer
• Prostitution Defense
• Theft & Robbery
• Violent Crimes
• White Collar Crimes

If you or a loved one need aggressive criminal defense counsel, call Segura & Kiatta today at 281-570-6400 for a free case review. They will evaluate your charges, explain your rights, answer questions, and start building an airtight defense strategy. Let their experienced team protect your future. Visit segurakiattalaw.com to learn more.

for a free case review. They will evaluate your charges, explain your rights, answer questions, and start building an airtight defense strategy. Let their experienced team protect your future. Visit segurakiattalaw.com to learn more.