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Facing criminal charges is always a devastating experience and can have severe consequences on someone’s life. If you are accused of a crime and get convicted, your criminal record could prevent you from finding a job, getting a bank loan, or renting a home, among other things.
The charges against you can be dropped by an officer after your arrest, or by the prosecutor, before the start of your trial. This can happen if the prosecutor feels they will not be able to get a guilty verdict. Judges can’t drop charges, but they can decide to dismiss them. A dismissal means you are found neither guilty nor not guilty and will not face any sentence.
Fortunately, you might be able to get those charges dismissed with the help of a criminal lawyer Brampton. If you are innocent, or if the charges against you are exaggerated, learn how to get criminal charges dismissed.
Here are seven ways to get your criminal charges dismissed:
1. Present evidence that you did not commit a criminal offence
To get a guilty verdict, the prosecutor will need to present evidence proving you are guilty to the judge and the jury.
If there is a strong lack of evidence against you, or if you can present evidence that you did not commit the crime you are accused of, the judge will probably dismiss the charges.
Of course, any evidence you present has to be credible, whether it’s physical evidence or witness testimony.
2. Explain you were arrested with a lack of probable cause
If you were arrested simply because a police officer felt like you looked suspicious, you could argue that there was a lack of probable cause to arrest you.
For example, if the police are looking for a man wearing a white coat who is suspected of committing a crime, they have no good reason to arrest you if you are not wearing a white coat and have never owned a white coat.
Your lawyer should be able to help you get the criminal charges dismissed.
3. Show that your rights were violated
If the police did something to you that is against the law during your arrest, you might be able to get the criminal charges against you dismissed.
Did the officer make a wrongful arrest and detention? Did the police question you before you had a chance to talk to a lawyer? Did they use force against you while it was not necessary at all?
If so, your rights were violated, and the judge might agree to dismiss the charges.
4. Show that you were submitted to an illegal search
Suppose the police submitted you to a search without a warrant and the reasonable belief that you might have committed a crime. In that case, this is another example of your rights being violated.
The judge can decide to reject any evidence obtained during an illegal search of your person, your home, or your car, resulting in your case being dismissed.
5. Cooperate with the prosecutor on a bigger case
The charges against you could be dropped or dismissed if you agree to cooperate with the prosecutor on a bigger case.
If you get arrested for a minor crime but can provide the police with information that could help them arrest a criminal who has committed several major crimes, they might reward you by dismissing your case.
This might sound like something that happens in movies and TV shows, but it sometimes does happen in real life.
6. Keep a clean criminal record
If your criminal record is clean and you have been charged with a minor offence, the prosecutor might decide to drop the charges against you.
If this happens, you must keep your record clean after the dismissal of your case. Should you get arrested again and charged with another crime, the prosecutor will be able to refile the original charges.
7. Negotiate a plea agreement
Finally, if you cannot get the charges dismissed, you might be able to get the charges reduced from felony to misdemeanour in exchange for a guilty plea. This might not be ideal, but it will result in less harsh penalties, and it should make it easier for you to clear your criminal record afterwards.
No matter your situation, make sure you speak with an experienced criminal defence lawyer to discuss your different dismissal options before you plead guilty.
