It’s not every person that faces a felony charge proceeds to a plea or trial. The prosecutors dismiss many charges. Therefore, the first step or task to get a felony charge dismissed is by the defense attorney determining grounds to dismiss the felony charge. If you have been charged with a felony in Indiana, then an Indianapolis criminal defense attorney can show you how to get out of a felony charge. Just give us a call at (317) 743-0771 or email [email protected]. Now, below are grounds for felony dismissal.
Lack of Probable Cause for Arrest
For police to arrest a person, it is a must for them to have probable cause to believe that they committed a crime. Therefore, a police officer cannot stop a person because they feel that he robbed a liquor store. He should have probable cause to believe that the said person robbed the liquor store from the objective factual facts in his possession. These facts may come from witnesses or CCTV/
TV footage describing the robber. Therefore, if the police officer arrested a person without any description from eyewitnesses or CCTV footage, he charged him without any probable cause, which may be dismissed by the prosecutor.
An Illegal Search or Stop
A police officer can only stop a person or a vehicle only under certain circumstances. These circumstances include violating traffic laws, over speeding, or if police officers believe that the suspect is committing a crime. Therefore, it is illegal and breaks one’s constitutional rights if a police officer randomly stops a person based on his race or religion. Police can only search your house or car if they have a search warrant and in other particular circumstances without it. Therefore, if police officers search your home or car without a search warrant and that no exceptional event permitted this search, then no evidence gathered during the investigation can be used against you in the court of law.
Lost Evidence or Unavailable Witness
Suppose the key witness in a felony charge is unavailable to testify, or the prosecutor loses essential physical evidence. In that case, the prosecutor has no choice rather than dismiss the felony charge. This is because there is no evidence to prove that a crime was committed beyond a reasonable doubt. There are cases where physical evidence is so crucial that a prosecutor can’t prove the case without it. Moreover, if a person dies, disappears, or refuses to testify based on Fifth Amendment grounds, the prosecutors lack enough evidence and have no other choice but to dismiss the charges.
If You Need to Get Out of a Felony Charge
It is essential that when you are facing felony charges to consult a criminal attorney. This is because a criminal defense lawyer or attorney can evaluate the case and evaluate whether there are sufficient grounds to file a motion to dismiss the felony charges. Although other grounds may lead to felony charges dismisses, the defense attorney has to find the loopholes in the charges and have them dismissed. Call the Law Office of Jesse K. Sanchez at (317) 743-0771.