Getting Your Criminal Charges Dismissed
Throughout our years, we have been successful in getting our clients dismissals in Detroit, Lansing, Grand Rapids, Ann Arbor, and throughout Michigan
If you have been charged with committing a crime in Michigan, obviously the best-case scenario for you would be to have those charges dismissed or significantly reduced. There are many possible options—some quite complicated—to get the charges against you reduced or taken off the table entirely. But the process of doing that starts with one simple step: getting a savvy, aggressive defense attorney on your side who will fight for the best possible outcome. We have succeeded all over the state of Michigan with getting charges dismissed or reduced.
Be wary of attorneys who quickly promise to get your charges dropped; they are not to be believed. Sometimes, the reduction or dismissal of charges is just not possible. While it is always our first priority to get the charges against our clients dismissed, we always thoroughly explore the circumstances of your case before making any determination as to the possibility of dismissal. We certainly never make promises about the outcome of any case. But we do promise you a tough attorney who will explore all of the options to get you the best results for your case.
How Criminal Charges Get Dismissed
Ultimately, only the judge can dismiss the charges against you. Some people mistakenly believe that if the person who originally pressed charges has a change of heart, then the charges against you are automatically dismissed. In reality, once the prosecutor’s office takes the case, the decision to continue with the proceedings is in their hands. Usually, Michigan judges will agree to dismiss a criminal case if the prosecutor and the defense attorney also agree that it is the right thing to do.
However, while it is the ultimate decision of the judge whether or not charges will be dismissed, it is also true that either the prosecution or the defendant has the right to ask the judge to make such a ruling as long as there is a specific and compelling reason to do so. Sometimes, the prosecution will ask for a dismissal when their case against the accused is too weak to go forward. The prosecutor’s office does not want to waste time, money, and other resources unless they feel they are likely to get a conviction. And of course the defendant’s legal defense team will try to get the charges dismissed if possible.
Basically, there are two ways to get criminal charges dismissed or discharged:
Cases where the prosecution cannot prove the defendant’s guilt beyond a reasonable doubt. In these cases, perhaps there was something legally flawed about (1) the criminal accusations, or (2) the process of arrest and investigation. Many times, charges can be dismissed if there is not enough evidence to sustain the charges or the defendant has not been arrested within the legal process of the law (for example, where the defendants are interrogated after they stated they were invoking their right to remain silent) or if evidence was gathered in violation of the defendant’s constitutional rights. For any of these reasons, the indictment can be dismissed. Other times, the alleged victim of a crime refuses to cooperate with the prosecutor.
Cases where the prosecution can prove the defendant’s guilt beyond a reasonable doubt. Even if the judge decides that the defendant is, in fact, guilty of the charges, sometimes the nature of the charges and/or the criminal history of the defendant indicate that the prosecution should not proceed. If the crime is a misdemeanor or even a lower class felony and/or if the defendant has a clean (or even mild) criminal record, the judge may decide to dismiss the allegations and offer alternative sentencing. Alternative sentencing can come in a variety of forms, including fines, community service, probation, etc. Our defense attorneys are experienced and skilled at working toward the dismissal of criminal charges. You can reach our office 24/7 at (866) 766-5245.
Our Approach to Getting Charges Dismissed
We work persistently and diligently toward getting your charges dismissed if at all possible. We explore all the possible avenues for a dismissal. We gather all the information regarding your arrest and the investigation by law enforcement agencies, including any search techniques, interrogation methods, relevant videotapes, exculpatory evidence, witness testimony, uncooperative witnesses, etc. We also consider the circumstances of the charges in your case, as well as your previous criminal history. Only then do we move forward with the options for dismissal available in your criminal case.
Since dismissal of the charges against you can occur anytime after the arrest and up until conviction, our defense lawyers never lose sight of that option throughout the proceedings. We will vigorously work to negotiate throughout your case with the goal of getting the charges against you discharged.