San Diego criminal defense attorney Stefano Molea discusses the various possible ways in which criminal cases can get dismissed.
Office Address:
Law Office of David P. Shapiro
3500 5th Avenue
Suite 304
San Diego, CA 92103
619-295-3555
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Hi, Stefano Molea, San Diego criminal defense attorney, and partner at the law office of David P. Shapiro, where we hope good people are getting control of the future. When charged with a crime after criminal cases filed against them, a person might think, "Can I get my case dismissed?" In this video, I'm going to talk to you about the various ways in which a case could get dismissed. And to be clear, we're talking about getting a case dismissed in its entirety, not just some of the charges.
The first way to get a case dismissed is to convince the prosecutor to dismiss it. How does that happen? By providing evidence of either factual innocence, or showing the prosecutor that they simply can't meet their burden, if the case were to go to trial.
The second way to get the case dismissed is by filing a motion, alleging a constitutional or statutory right violation. This for example, could include a motion to suppress evidence obtained in violation of one's fourth amendment rights, or if the person was not brought to trial in time, that sort of thing. If the motion is granted, this could result in the dismissal of the entire case.
The third way to get a felony case dismissed is by arguing at the preliminary hearing that there was insufficient evidence presented to meet the burden. If the judge agrees, case gets dismissed.
The fourth way to get a case dismissed is by going to trial and getting an acquittal, by showing the jury that the prosecution has not proven every element of the charged crime beyond a reasonable doubt, then an acquittal is required.
The fifth way to get the case dismissed is to enter an official diversion program. There are a few different types, but typically they require jumping through some hoops, such as treatment and community service, while a hammer is hanging over their head. And if successful, case gets dismissed, the sixth way to get a case dismissed is to do it via negotiations with the prosecutor. This is somewhere in between convincing them of an outright dismissal, and a diversion program, but the result can be the: same case dismissed.
Hope this was helpful. If you have any questions, give me a call, Stefano Molea, San Diego criminal defense lawyer, (619) 295-3553.
