How do you get your charges dismissed after you’ve been arrested?
For many people, being arrested is a very frightening experience. The first place your mind goes, is straight to possible explanations. How did this happen? There must be some mistake! What did I do wrong? But that quickly leads to problem solving. How am I going to get out of this? Who can help me? And that’s where we come in. If you get busted in Michigan, call The Kronzek Firm.
Our offices get many calls from people who’ve recently been arrested. People who are sitting in a jail cell down at county lock-up somewhere in the lower peninsula of Michigan. All they can think about is how to get out and make the whole the thing go away. In other words – beating the case to get a dismissal. However, whether or not charges can be dismissed isn’t a decision that a defense attorney just makes – there is a lot more to it than that!
What’s involved in getting criminal charges dismissed?
Obviously, getting criminal charges dropped, or a case dismissed, is a best case scenario. (It certainly doesn’t happen in every case, or even in most cases!) However, it does happen. So what’s involved in the process? What needs to be done to make it possible? Well, to answer those questions, we need to explain a few things first. For that, we turn to our criminal defense team for answers.
One, it’s important for you to understand that only a judge can officially dismiss your criminal charges after they have been filed. Your defense attorney cannot dismiss your charges. And just because the alleged victim in the case decides they don’t want to testify against you, or that they no longer want to press charges against you, doesn’t mean the case will be dismissed. In reality, it’s the prosecutor’s office that decides which charges to file against you, and the judge who decides whether or not there is enough evidence to proceed to trial. Most of the time, if the prosecutor asks the judge to dismiss a case, the judge will agree.
What are the reasons for cases being dismissed?
There are really only two situations in which charges against someone are likely to be dropped. These are:
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The prosecution can’t prove the defendant’s guilt beyond a reasonable doubt.
In a case where police violated a person’s right during the arrest process, or there isn’t enough evidence to support the charges, the judge may decide to dismiss the charges or the prosecutor might ask the judge to dimiss the case. For example, if a cop continues to pressure a defendant into answering questions after they’ve clearly stated their desire for a lawyer. Or a police officer entered a dwelling without a warrant, and without probable cause, and gathered evidence in violation of a defendant’s constitutional rights.
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Other factors that influence the judge’s opinion of the situation.
This happens less often, but sometimes a judge will review a situation and decide that the case should be dismissed. Perhaps the charges are so minor and the defendant has no criminal record. Or maybe the charges were minor and the judge believes that alternative sentencing would have a better long term outcome, they may decide to dismiss the charges or use one of the deferred sentencing options that apply in some criminal cases here in Michigan.
The Kronzek Firm’s approach to getting charges dismissed
At The Kronzek Firm, we work aggressively to pursue every possible Motion to Dismiss that may come into play in your case. We scrutinize the evidence against you carefully, call in experts when necessary and conduct our own investigations, and work as a team to prove your innocence, or cast reasonable doubt on your guilt.
If you or a loved one have been accused of a crime in Michigan, and you want to protect your future and your reputation, call our aggressive and experienced criminal defense attorneys at 866 766 5245 (866 7No Jail). We are available 24/7 to help fight your fight. We’ve been fighting for our clients in Michigan for nearly a quarter of a century.