If you have been charged with a crime, then you are definitely going through one of the most stressful periods in your life. You can’t think of anything else except how to end this nightmare and continue living a normal life. Of course, you hired a lawyer because criminal charges are not something you can handle on your own. If you are convicted, you will face imprisonment, probation, or very large fines. In any case, the situation is very serious and must be approached so, because it is not a speeding ticket or something like that, minor, which will cost you a few hundred dollars. Still, you should not despair.
Defense attorney motion is something that can get your case dismissed. No reliable lawyer will guarantee that your case will be dismissed, because many things affect it. But you should know that more cases are dismissed than go to a jury verdict. Most end up in some form of a plea bargain, but there is a real chance it will be dismissed. We will tell you what are the defense motions that can get your case dismissed.
1. Illegal stop or search
The police and other members of law enforcement have the right to stop a person either on the street or in a vehicle, but only if they have a justifiable reason to do so. If you drive too fast or obviously violate any other law, they can stop you, ask for your ID, and ask you questions. They also have the right to search you even without a warrant, if they have arrested you because they have a reasonable suspicion that you are carrying a weapon, you were part of a crime and the like.
The same is the case with entering the house because they do not have to have a warrant if there is an ongoing shooting or some other emergency. But they do not have the right to stop you on the street and search randomly. In case they stop you because you had a suspicious expression on your face, because of prejudices about your race, religion, and the like, it is a violation of constitutional rights.
Even if they find something incriminating as a result of a random stop and search, charges against you will be dropped because they had no legal basis to stop you in the first place. If this happens, tell your lawyer right away because it will be enough to set you free.
2. No jurisdiction
The law enforcement that arrests you or the court that is in charge of the hearing and organizes the trial must have jurisdiction. In the event that, for example, the state police arrest you somewhere where they had no jurisdiction because, for example, they crossed the board of another state and then had to call the police of that state or the federal police, your case will be dismissed. The same is the case with the trial.
The prosecutor can make a mistake and initiate the entire procedure before an inadequate court. This can happen if the whole case is brought before a local court, and the crime happened on the state-owned property or federal-owned and then the local court does not have the necessary jurisdiction.
3. Not enough evidence
The police and the prosecutor always try to gather as much valid evidence as possible before arresting you and taking you to court. This includes a wide variety of evidence that they can find that will lead to finding you guilt for the crime you are charged with. In case you and your lawyer conclude that there is no basis for charges against you due to insufficient evidence, the attorney can file a motion of case dismissal.
Also, it may happen that the jury considers that the evidence is not enough and that evidence are not enough to unequivocally point to you as the culprit. It happens that the police hurry with your arrest and do not have enough solid evidence that will prove everything beyond a reasonable doubt. As you know, the presumption of innocence is one of the most important principles of law.
Another thing that can make your case dismissed is that you are lucky and the police lose some evidence. Or that a witness who originally wanted to testify gives up. Your lawyer can also prove that the witness is not reliable.
Don’t think that it only happens in movies that someone is released because he cooperates with the police and the prosecution and thus helps them solve a bigger case. That really happens and it happens much more often than you would think.
Their goal is not to convict every person they arrest, but to solve an even bigger case if there is a connection. Lawyers at Barkemeyer Law Firm have told us that this happens very often if you are arrested for drug possession. If, because of your cooperation, someone positioned much higher in the drug distribution chain is arrested, then you will be released.
Willingness to cooperate will always help you, no matter what crime you are charged with. Even if this does not mean that your case will be dismissed, it is certain that your sentence will be reduced or that you will avoid jail time, for example, and that you will only receive a suspended sentence instead.
5. They didn’t tell you Miranda warning
Thanks to Hollywood movies, everyone knows about the Miranda warning which reads “You have the right to remain silent. Anything you say can be used against you in court. You have the right to talk to a lawyer for advice before we ask you any questions. You have the right to have a lawyer with you during questioning.
If you cannot afford a lawyer, one will be appointed for you before any questioning if you wish. If you decide to answer questions now without a lawyer present, you have the right to stop answering at any time. ” Everyone has the right to so-called Miranda rights. If you are not told all this during the arrest, it means that they have violated the Fifth Amendment and that the lawyer should request the case to be dismissed.
These are the 5 most common defense motions that can set you free. All this is on the assumption that you have done what you are charged with. If you are unjustly accused, then fight until you prove your innocence.