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How a DC Criminal Lawyer Can Get Your Charges Dismissed
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How a DC Criminal Lawyer Can Get Your Charges Dismissed
Dealing with criminal charges is scary. Even if you’re innocent, the legal system can feel like a maze that’s impossible to navigate. A good DC criminal defense lawyer knows the system inside and out. They have tons of experience getting charges reduced or dismissed completely.
If you’ve been arrested in DC, don’t go it alone. Hire an experienced criminal lawyer to fight for you. Keep reading to learn how they can get your charges dismissed.
Investigate the Evidence Thoroughly
After you’ve been charged, the prosecution has to share all the evidence they have with your lawyer. This is called “discovery.” Your lawyer will comb through every piece of evidence to find holes in the prosecution’s case. Sometimes they can get charges dismissed just by showing the evidence is too weak to prove guilt beyond a reasonable doubt.
For example, if the prosecution’s main evidence is an eyewitness testimony, your lawyer can challenge the reliability of that testimony. Studies show eyewitnesses are often wrong. If the testimony is the only evidence against you, your lawyer can argue there’s reasonable doubt and get the charges tossed out.
Challenge Improper Police Conduct
Another common way lawyers get charges dismissed is by challenging improper police conduct like:
- Searching your property without a warrant
- Questioning you without reading you your Miranda rights
- Coercing a confession out of you
- Mishandling evidence
All of these examples can violate your constitutional rights. If the police obtain evidence illegally, your lawyer can file a “motion to suppress.” This asks the judge to throw out the tainted evidence so it can’t be used against you. Without that evidence, the prosecution may have to drop the charges.
Negotiate with the Prosecutor
Prosecutors know that going to trial is expensive and uncertain. Even if the evidence seems strong, they may agree to dismiss or reduce charges in exchange for a guilty plea. Your lawyer is an expert negotiator. They’ll meet with the prosecutor and argue why the charges should be lowered or dropped.
For example, if it’s a first offense misdemeanor with no injuries, your lawyer can argue for dropping the charges in exchange for community service. This negotiation happens behind the scenes without the judge. It’s one of your lawyer’s most powerful tools for getting charges dismissed.
Raise Affirmative Defenses
There are many “affirmative defenses” that can get charges dismissed by showing you had a legal right to do what you did. Some common defenses in DC include:
- Self-Defense – You used reasonable force to protect yourself from harm
- Entrapment – The police improperly induced you to commit a crime you wouldn’t have otherwise
- Insanity – You couldn’t understand right from wrong or control your actions
If your lawyer can show solid evidence for one of these defenses, the charges should be dismissed. For example, if you have a documented history of mental illness, your lawyer may argue you were legally insane and shouldn’t be held criminally responsible.
Identify Procedural Errors
Even tiny procedural mistakes by the police or prosecution can get your charges tossed out. Common errors include:
- Not reading you your rights properly
- Making a mistake on the arrest warrant
- Missing a filing deadline
- Contaminating evidence
Your lawyer will meticulously review every step of your case to catch any procedural errors. Then they can file a motion to dismiss based on those errors before your case ever reaches trial.
Take It to Trial
If your lawyer can’t get the charges dropped beforehand, then your case may go to trial. Even then, there are still chances for dismissal. The judge may dismiss the charges if the prosecution doesn’t meet its burden of proof. Or the jury may find you not guilty.
Less than 5% of criminal cases actually go to trial. But if yours does, your lawyer’s trial skills can still win dismissal. An experienced trial lawyer knows how to argue to the judge and how to persuade the jury.
Why You Need a Lawyer
Trying to get charges dismissed yourself is nearly impossible. Prosecutors and judges won’t listen to defendants who represent themselves. You need an experienced DC criminal lawyer in your corner.
A good lawyer knows all the procedures and loopholes to get charges dropped. They have relationships with judges and prosecutors to negotiate effectively. And they have the trial skills to win dismissal at trial if needed.
Don’t leave your future to chance. Hire a criminal defense lawyer as soon as you’re charged. It’s your best shot at getting the charges dismissed and moving on with your life.