Contrary to popular belief, criminal cases are easy to win if done appropriately. Although it might be challenging initially, with the right lawyer, procedures, and documents, all might go as planned.
“On the other hand, people think criminal cases cannot be won because, perhaps, they have experienced case dismissal. As bad as that might seem, those case dismissals were because the criminal case was weak. Some cases might even get dismissed before or during the trial.” said Joe Tobler of Grand Canyon Law Group.
So, how do you know that your criminal case is weak? The signs will be discussed below.
Signs of a Weak Criminal Case
If you are unsure about whether your criminal case is weak, then these may be some signs to consider:
Evidence Loss
Just as water is essential to a fish’s survival, evidence is to the survival of a case, and in this situation, a criminal case. Most times, there might be strong evidence for a case like this, but due to unforeseen circumstances, that evidence got lost.
Circumstances like that include trying to take a picture of footprints, and it starts raining. With that, the evidence is already manipulated and cannot be used.
Absence of Evidence
When a case does not have any evidence for the defense, the case might get dismissed because there is no means to prove your innocence or convict anyone of a crime.
Although pieces of evidence are vital in situations where the criminal case might end in prison time, pieces of evidence are a must.
Absence of Witnesses.
Witnesses are others who saw you when the incident happened and can testify of your innocence. These people can be strangers, friends, work colleagues, or even family members. Without witnesses, your criminal case is weak and might not even go through the trial.
Mistakes in Documents
Criminal complaints must be accurate to strengthen the case when a legal document is filled with several mistakes, which is undoubtedly a negative sign. These documents detail the alleged crimes that you have committed.
Unbelievably, even the smallest errors can lead to the dismissal of a case. However, it might be challenging for you to spot these errors. That is why having a good lawyer is essential. Your lawyer can help you spot these errors before the trials begin.
Illegal Arrest
A police officer must have a warrant of arrest before arresting a person. It has to be legal. They cannot arrest anyone out of their free will. There have to be certain procedures in place before an arrest can be made.
Unfortunately, that case might be dismissed if there is no strong proof of a crime before arresting an individual. That can be ruled as an illegal arrest. There was no proof the case would be dropped.
Illegitimate Evidence
When collecting evidence, there is a certain process that must be followed. First, the evidence must be located, seized, and presented legally when it is gathered.
Without a warrant of evidence seizure, defendants can be shielded from all searches and seizures. The defendant’s rights will be infringed if law enforcement officers look at and seize evidence without a warrant.
However, if a competent attorney recognizes that, the prosecutor cannot submit the evidence to the court, making their case weak. On the other hand, if you are the prosecutor with this issue, your case might be dismissed.
Bottom Line
Those are the major signs that could get a criminal case dismissed. Therefore, if you find yourself in this scenario, you need a competent lawyer to support you and provide sound counsel.
