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Being charged with any type of criminal defense is scary, but being charged with a felony is the most serious. Felony offenses typically come with long jail sentences, high fines, and other penalties for those convicted. The good news is that your case may not get that far. Although it may seem like the situation is hopeless right now, it is not. Felony charges can and do get dropped in certain cases. Our Monroe felony defense lawyer will always investigate ways to get your charges dropped, using one of the five ways below.
Insufficient Evidence
In order to secure a conviction for the crime, the prosecutor must present enough evidence to prove that you committed the act. They must present enough evidence to prove their case beyond a reasonable doubt. If you and your attorney believe that there is not enough evidence to prove their case, your defense lawyer should file a bill particulars, a motion to compel discovery, and then a motion to quash if the state’s answers to discovery still support the idea that there is not evidence to support the charge. Additionally, if there is not enough evidence then you and your lawyer should take the case to trial.
Lack of Probable Cause
Being arrested does not necessarily mean that your case will proceed much further than that. Before moving forward with your case, the prosecutor will review your file to determine if there is probable cause that you have committed an offense. If the prosecutor cannot find probable cause, your case may be dismissed. Alternatively, your lawyer can file a motion for a preliminary examination to make a judge decide whether or not there is probable cause. However, just because a judge finds that there is no probable cause does not mean the charges are automatically dismissed; it will still require a motion to quash and possibly take the case to trial. A Monroe felony defense lawyer will contact the prosecutor in your case and argue that there is no probable cause.
Your Civil Rights were Violated
Police must follow certain procedures when they arrest you for a crime. They must have probable cause to search your belongings, and they must read you your Miranda rights when they arrest you, which informs you of your right to remain silent and to have legal representation. If your civil rights are violated, any evidence obtained after the arrest or during a portion of it, such as during an illegal search, cannot be used against you.
The Criminal Complaint Contains an Error
Police officers are human beings and so, they sometimes make mistakes. They may forget to include important information within the complaint, or they may make another error. Criminal complaints can only be modified under oath by the officer who originally wrote it. If the officer cannot be located or is otherwise unavailable to correct the mistake, it could result in your charge being dismissed.
An Eyewitness is Unavailable
Eyewitnesses are often used in criminal cases, and their testimony can be very powerful for the prosecution. If an eyewitness cannot be located, or they change their story, that could result in your charges being dropped. Witnesses sometimes cannot be located because they have passed away, they are later unsure of the facts of the case, or they are worried about incriminating themselves.
Our Felony Defense Lawyer in Monroe Can Help You Get Your Charges Dropped
Facing a felony charge is very scary, but simply being arrested does not mean that you will be convicted. At Whiddon Criminal Defense, our Monroe felony defense lawyer will investigate the facts of your case thoroughly to ensure your rights were upheld and proper procedure was followed. If not, we will then work hard to get your charges dropped or dismissed. Call us now at 318-594-3592 or contact us online to schedule a free consultation.