What Are the Factors That Can Lead to Your Case Being Dismissed?

When you’re involved in a criminal case, understanding why and how your case could potentially be dismissed is crucial. A dismissal can halt your case before a trial or verdict, often sparing defendants from further legal consequences.

The Ikerd Law Firm provides insight into the common legal grounds and procedural issues that might lead to such dismissals. Call for a consultation today.

What Does It Mean When a Case is Dismissed?

In criminal law, a case dismissal means the court has decided to stop legal proceedings against the defendant before a trial concludes or a verdict is reached.

This decision can impact the defendant, potentially clearing them of charges without the need for a trial.

• Dismissal With Prejudice: This means the case is permanently closed. The charges cannot be refiled against the defendant. It often occurs due to irreversible legal or evidential issues that undermine the prosecution’s case.
• Dismissal Without Prejudice: This temporary dismissal allows the prosecutor the option to refile charges in the future. This might happen if the prosecution needs to strengthen its case or if more evidence is expected to surface.

Legal Grounds for Case Dismissal

Lack of Jurisdiction

The first fundamental check in any case is jurisdiction.

Jurisdiction refers to a court’s authority to hear and decide a case. If a court doesn’t have jurisdiction over the crime’s location or the defendant’s house, it cannot legally proceed with the case.

This misstep can lead to the dismissal of the case outright. However, the case may be able to be filed later in the right jurisdiction.

Improper Procedure

Legal proceedings follow strict procedural guidelines, from how documents are filed to how court sessions are conducted.

Any deviation from these procedures can compromise the integrity of the case, leading to dismissal. For example, if the state does not follow proper protocols, the case may be dismissed on

procedural grounds.

Insufficient Evidence

For a case to continue to trial, there must be enough evidence to support the allegations. If the prosecution fails to provide enough evidence to establish probable cause or if evidence is deemed inadmissible, the case might be dismissed. Without evidence, the court cannot justify moving forward.

Procedural Errors Leading to Dismissal

Filing Errors – Deadlines and Timeliness

In rare circumstances, the state will fail to file a bill of information or file an indictment timely. In such cases, a motion to quash can be filed due to the statute of limitations, or “prescription,” having run and expired. This will prevent any further litigation of the case.

Prescriptive periods vary depending on the type and seriousness of the criminal charge. Some charges, like first and second degree murder, do not have a prescriptive period. That means the charge can be brought at any time.

Substantive Reasons for Dismissal

Insufficient Evidence

If the facts of the case, even if proven true, do not support a legal claim, the case may be dismissed.

This situation arises when the alleged actions do not violate any laws, making the continuation of the case untenable.

In Louisiana, judges do not have the authority to outright “dismiss” a case; only the prosecutor has that power. However, prosecutors are bound by ethical guidelines and should not bring cases in which they do not have sufficient evidence to convict.

Resolution Outside of Court

Many criminal cases are resolved outside of court. This often results in a dismissal or plea deal through negotiations between the defense and prosecution.

This is one of the ways an experienced trial attorney can truly help. Some cases can be dismissed if the defendant does certain things prior to even going to court, such as community service, anger management classes, driver education, paying restitution, etc.

Many people do not know how to do this or work out a deal with the prosecution prior to court. A private attorney is able to coordinate and facilitate these things as well as know which judges and prosecutors are likely to look favorably on the proactive exhibit of contrition and restitution.

Role of A Criminal Defense Attorney in Getting a Dismissal

Securing early representation of an experienced criminal defense attorney and advocate is crucial to improving your odds that a criminal case is dismissed without going to trial.

Giving your attorney time to investigate a case and develop favorable facts is essential to getting a dismissal.

At the Ikerd Law Firm, we strive to do the “hard work” early in the case and try to reach out to prosecutors early to help them see the full picture. Often, prosecutors are only given the police’s version of events, which is often lacking all the evidence.

By giving new evidence, whether physical evidence or witness statements, to the prosecution and allowing them to have the investigation reopened, often times this can lead to a dismissal of the charges or a reduction in the charges filed.

Most prosecutors want to get it right and do not want to charge an innocent person. A good criminal defense attorney does everything they can to resolve a case early and in their client’s favor.

Protect Your Rights: Be Proactive with Your Criminal Defense

Being proactive and well-informed can help safeguard your rights and ease a more favorable outcome.

If you find yourself facing charges for something you did not do and know there is evidence that can clear your name or just need guidance on navigating your criminal defense, contact the Ikerd Law Firm.

We are here to provide experienced legal support and ensure your case is handled with the attention it deserves.