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How to Get Criminal Charges Dismissed in Indiana

Oct 25 2019, by Sean Hessler in Criminal Defense, Legal Blog

No matter what you were arrested for, getting your criminal charges dismissed is probably the best case scenario you can hope to achieve. This means being released from all criminal liability without the time and expense of a trial. Except in rare cases where the prosecutors or police admit to making a mistake, cases don’t get dismissed on their own. It takes the tenacity and skill of an experienced criminal defense lawyer to achieve this result.

At Hessler Law, our Indianapolis criminal defense attorneys have been able to achieve dismissals for clients facing a wide range of criminal charges. By acting decisively in the early stages of the criminal justice process, we are able to highlight legal and procedural errors that may warrant such a favorable resolution.

If you have been charged with a crime, call Hessler Law at (317) 886-8800 for a free consultation to find out if a dismissal is an option for you.

Lack of Evidence and Violations of Your Rights

Depending on the circumstances specific, your lawyer may have several possibilities to explore a possible dismissal of your charges. The most common reasons lawyers can successfully move for a dismissal of criminal charges are a lack of evidence or a breach of your constitutional rights. These issues–which are often interrelated–need to be raised quickly to maximize your chances of success.

When it comes to evidence, a prosecutor must meet certain burdens. To secure your conviction, the prosecutor will need to present enough evidence to show beyond a reasonable doubt that you committed the crime. But prosecutors also need to meet a burden before the trial starts. If they don’t have enough evidence to show there was probable cause to believe that you committed the crime, then going through the trial process is not necessary. Your lawyer may file a motion to dismiss the charges.

There are various reasons why a prosecutor can’t meet this initial burden. Sometimes, witnesses refuse to testify or become unreachable. Evidence can get lost, or a crime lab may not be able to use samples collected at the crime scene. But one of the most common reasons why prosecutors find themselves without enough evidence for a trial is because the defense made a successful motion to suppress.

Motions to Suppress Evidence in Indiana

A motion to suppress the evidence involves removing any evidence from the case that was obtained based on a breach of your constitutional rights. If the police questioned you without reading your Miranda rights, your lawyer can move to suppress your statements. Similarly, if the police conducted an unlawful search of your person, car, home, or place of business, the results of that search may be removed from evidence. Finally, if the police are unable to articulate what gave them probable cause to arrest you in the first place, all evidence obtained as a result of the arrest may be suppressed.

Get Legal Help Early On

Every case is different, and there could be many possible ways to request a case dismissal–some of them atypical or highly technical. For example, flaws in the criminal complaint or a charge that comes after the statute of limitations have expired may also be reasons for dismissal. This is why it’s important to have an experienced lawyer take a close look at your case as early into the process as possible.

By challenging these violations and affording you every protection, Hessler Law can put your case on the path to dismissal. If you or a loved one has been charged with a crime in Indianapolis, call us today at (317) 886-8800 for a free and confidential consultation about your options.