If you live in Raleigh, North Carolina and are faced with criminal charges, the best outcome would be a dismissal of all the charges. Whether you’re facing an infraction, misdemeanor or felony, charges against you can be ‘dropped’ at any time between your arrest and the end of your trial. While a verdict of Not Guilty is the best outcome, having the charges voluntarily dismissed could save you time and money. Regardless of what you’ve been charged with, it is best to consult with a criminal defense attorney in North Carolina in order to learn about all of your options. Below you’ll find some reasons that cases end up ‘getting dropped’ or dismissed in Raleigh, NC.
The prosecutor is the only one with the power to voluntarily dismiss a criminal charge. They will do this after a careful consideration of a variety of factors. Maybe the elements of the crime cannot be proven beyond a reasonable doubt based on the facts of the case. Perhaps the government’s witnesses are unavailable or refuse to appear in court. Maybe your attorney has negotiated a dismissal in exchange for community service or a substance abuse assessment. The judge often will not even be involved in these negotiations.
If the Assistant District Attorney refuses to dismiss or drop the case against you, a good attorney may be able to earn a dismissal through contested litigation. Your Constitutional rights may have been infringed upon by the police during the investigation. As a citizen of the United States, you are entitled to certain rights including the protection from unreasonable search and seizure. The police must have probable cause before they can search you or your property. In addition, all questioning must stop if you ask for a defense attorney and you are entitled to have your Miranda rights read to you prior to any custodial interrogation. If the police fail to follow these laws, you may be able to prevail on a motion to suppress or dismiss the case against you.
It is never a good idea to contact a government’s witness or victim to let them know how important it is to you that the case be dismissed. It doesn’t take much at all to come across as threatening or coercive when speaking with a witness against you in a criminal case. Don’t do it. Seek an attorney who has the know-how to speak with the Assistant District Attorney regarding any witness issues.
The most proactive thing you can do to have criminal charges against you dismissed is to contact a criminal defense attorney in Raleigh, North Carolina. He or she will be able to consult with you on whether the charges can be dropped or reduced to a lesser offense. For more information on getting charges dismissed, contact the attorneys at the Scharff Law Firm right away at (919) 457-1954.