Under what circumstances can a criminal case get dismissed in Florida?
12 months ago Byram Charity Comments Off on Under what circumstances can a criminal case get dismissed in Florida?
The state of Florida subscribes to the maxim “innocent until proven guilty”, which basically means that it is up to the prosecutors to prove you are guilty and not you to prove you are innocent. However, to stand a better chance of getting your criminal case dismissed or even have your charges reduced to something more sufferable, you must be prepared with your own defense.
A seasoned criminal defense attorney in Orlando, FL can assess your case and determine the most favorable course of action for you. If they reckon the charges against you are too strong to be challenged, they could negotiate a plea bargain with the prosecution. However, if you genuinely innocent or there are obvious weaknesses in the prosecutor’s case, your attorney may decide to battle it out in court with the hope your case will be dismissed. Read on for some of the circumstances that may lead to dismissal of your criminal case in Florida:
Emergence of new evidence
While conducting their investigations, the prosecutors could discover new evidence showing you are innocent or that someone else planned and executed the crime. This would most likely prompt the prosecution to dismiss your case.
Reevaluation of existing evidence
The prosecutors may believe they have evidence linking you to a crime only to look at it again and find it pointing elsewhere. For instance, if you are arrested because a firearm registered in your name was used in a robbery, finger or DNA testing could reveal the possibility of someone else having used the weapon to commit the crime instead.
Revocation of testimony by a key witness
Death or failure of a key witness to cooperate with the prosecution can bring any case to its knees. Your charges may be dismissed if the case was overly dependent on the witness’s testimony for evidence.
If dropping the charges is in the interest of justice
Whether or not there is strong evidence you committed the crime in question, your case could be dismissed if the prosecutors feel it is in the interest of justice. If, for instance, you are facing murder charges and your attorney provides irrefutable evidence that your actions were purely an act of self-defense, the prosecution could rethink their decision and dismiss the case altogether.
A procedural error by the prosecutors or the investigative team
Small investigative mistakes have led to wrongful convictions. You would be lucky if your lawyer is keen enough to point out the mistake or the prosecution identifies it before the final verdict is given.
Evidence that was not collected properly cannot be used to convict you as it would count as violation of your rights.
The most important ingredient in any won court battle is an experienced attorney. With a legal eagle by your side, even the smallest weaknesses in the prosecutors’ case against you cannot go unnoticed. Take your time to choose an attorney that is acquainted with the court procedure and has handled and won a case similar to yours before.