Law & Legal & Attorney Criminal Law & procedure

How to Have a Case Dismissed

    • 1). As a criminal defendant, attend your court hearing and have your defense attorney make a motion for dismissal . Provide a clear reason that the prosecuting attorney will not be able to make a sound case. This could be done by arguing that that there is not enough evidence to support their claims. Outline what legal proceedings were violated during arrest and interrogation. State whether any evidence was collected illegally.

    • 2). Argue to the judge that the witnesses in the case either will not testify or have significant reason to perjure themselves on the stand. Witness testimony is considered evidence in a criminal case. If evidence continually gets disallowed, the support of the prosecution's claims dwindle and the case has a greater chance of dismissal.

    • 3). Ask the judge for an alternative sentence in return for a guilty plea. If the defendant has a small or non-existent criminal record, the prosecution's charges may be too high. Agreeing to forgo trial in return for a lighter punishment will end the trial proceedings.

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