How a Cleveland Criminal Defense Attorney Works to Get Your Criminal Charges Dismissed

Criminal Charges Dismissed

If you’re facing criminal charges, you undoubtedly feel stressed and overwhelmed at the course-altering changes they can bring to your life. However, these charges do not have to be the end for you—you may get your criminal charges dismissed.

To get your charges dropped, you’ll need the help of an experienced Cleveland criminal defense attorney.

Getting Your Criminal Charges Dismissed

There are a variety of ways of getting your criminal charges dismissed. Your Cleveland criminal defense attorney will:

  • Review the details of your case
  • Analyze the evidence the prosecution has against you
  • Create a feasible defense strategy

A skilled criminal defense attorney is well-versed in the law and defenses that may be available to you for your case.

The following are commonly used defenses for criminal charges.

Illegal Stop

Law enforcement must have a valid reason for stopping a vehicle, such as if the driver is driving erratically, is speeding, or the officer reasonably believes the driver is committing a crime. An officer cannot, however, stop a car for superficial reasons, including race or gender. Doing so can result in a violation of constitutional rights.

If you are illegally stopped, it can have a significant impact on your case, and the prosecution may have to drop the charges brought against you.

Illegal Search

Police can only search a person, home, or car under certain circumstances:

  • An officer can search a person if, for example, they are under arrest for a crime. Outside of this exception, law enforcement cannot search individuals at random.
  • Officers can search someone’s home if they have a valid search warrant or in the event of an emergency, like hearing shots fired.
  • An officer can search an individual’s car if they are arresting the driver for some crime.

If law enforcement searches your person, home, or vehicle without a valid reason or a warrant, any evidence collected during these searches cannot be used against you. Preventing such evidence from being used in court can greatly affect your case. Without such evidence, the prosecution may not have enough to uphold the charges.

No Probable Cause

To conduct a search, get a warrant, or arrest an individual, officers must first have probable cause. There is probable cause when there is a reasonable basis for believing a person has committed a crime or there is evidence of a crime present.

Officers cannot arrest a person or search their home or car without probable cause. The probable cause depends on the circumstances. For example, if a burglary occurs and a neighbor provides police with a description and they later find an individual matching that description, police will have probable cause.

Being arrested or having your home or car searched without probable cause presents an issue for the prosecution. Without probable cause, your defense attorney might get your charges dismissed.

Insufficient Evidence

When you are arrested for a crime, the prosecution must present the court with evidence showing probable cause to believe you committed the alleged crime. If there is little to no evidence, a judge may dismiss your charges.

Additionally, in some instances, the prosecution themselves may review your case and decide they lack evidence to move forward with your case, and they may drop your charges on their own.

Violation of Civil Rights

Under the U.S. Constitution, your rights include:

  • The right to remain silent
  • The right to be free from unreasonable searches and seizures
  • The right to legal representation
  • The right to have a jury trial
  • The right to confront witnesses

If these or other civil rights are violated, your defense attorney may have the opportunity to use this violation as a defense to get your charges dropped.

Chain of Custody Issues

Evidence plays a critical role in criminal charges, and law enforcement officers must follow the proper chain of custody protocols to protect the evidence against you.

For example, suppose an individual commits murder and officers collect the knife used to stab the victim. The officers properly collect the knife and take it to the lab to collect fingerprints and blood samples. Once finished, the lab technician takes the knife to storage, where it will be kept until needed. Every step must be documented, including where the knife has been and who has handled the knife. The knife going missing can present a chain of custody issue, and the knife may not be used in your case.

Chain of custody issues can present a substantial problem for your case. Your defense attorney can use this issue to get your charges dismissed potentially.

Discuss Getting Charges Dismissed With a Qualified Cleveland Criminal Defense Attorney Today

If you’re facing criminal charges, you are not alone. A criminal defense attorney in Cleveland can help analyze the charges against you and create a defense strategy. Contact us today to get started.

Author Bio

Botnick Law Firm

Robert Botnick is CEO and Managing Partner of Botnick Law Firm, a criminal defense law firm in Cleveland, OH. With more than 19 years of experience in criminal defense, he has zealously represented clients in a wide range of legal matters, including DUIs, misdemeanors, felonies, domestic violence, and other criminal charges.

Robert received his Juris Doctor from Cleveland-Marshall College of Law at Cleveland State University and is a member of the Ohio State Bar Association. He has received numerous accolades for his work, including the Best DUI Lawyers in Cleveland award by

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