How to Get a Criminal Case Dismissed in Colorado
Facing a criminal case in Colorado can feel very daunting, but you have a better chance of fighting the charges against you with a good criminal defense attorney on your side. You may even be able to get those charges dismissed, which means the criminal charges won't show on your record, and you can move on with your life. Before you set out to get your criminal case dismissed, though, it's vital to understand that it might not be so easy to do. Not every case can be dismissed easily or at all.
Some criminal cases are extremely serious, and criminal law is an area that can have a lot of nuances and loopholes to work through and around. Sometimes, a case can easily be dismissed because of a technicality, and other times, the information presented appears to be airtight. Both can happen, and parts of the case may be very solid and some not. With that in mind, here's what to consider about getting a Colorado criminal case dismissed.
Dismissal Is the Ideal Outcome
Getting a criminal case dismissed is the perfect outcome because it means you won't have a criminal record. That's not only great news for instant peace of mind, but it also helps you move forward with career opportunities and other facets of life that can be more difficult if there are criminal charges or convictions attached to your name. With the ease of finding information online today, anyone can find out if you have a criminal record. By choosing a high-quality law firm, you may be able to have charges dismissed.
A criminal defense attorney can work with you for the best outcome. If your case is dismissed, you no longer have to worry about it. It simply goes away, and you're done with it. It eliminates going to trial, and you may also have an opportunity to have the information expunged from your record later. That means it would be sealed, and no one would be able to find it at all. There are few better feelings if you've been arrested for a crime.
Getting a judge to dismiss charges isn't always easy, though. If prosecutors believed they had enough of a case to bring charges, there needs to be some pretty compelling evidence to see a change of heart. If the prosecutors no longer believe they can be successful at trial or if there is a compelling reason to dismiss the charges in a way that would best serve justice, a dismissal may be more likely. A high-quality defense attorney can make dismissal more likely.
How to Dismiss a Criminal Case
The evidence and specific details of a case play a role in whether the case has a good chance of dismissal. Sometimes it's simply not possible if the prosecutors believe they have a solid case. However, many times, a case is dismissed due to weaknesses in the prosecutors' case or establishing the accused's character. A defense attorney will focus on those two areas when looking for a way to get the prosecutors to drop their case.
Not many cases actually make it to trial. Most are handled through plea deals. But when a prosecutor sees they have very little chance of success in their case, they're more likely to dismiss the charges. Attorneys handling defense for the accused person will be looking for any reason the case could be dismissed. That's true for everything from sex crimes to traffic infractions. If you can get your case dismissed, that's much better than taking a plea deal and still having a record.
There are some specific ways an attorney will go after the prosecutors' case and try to pick it apart. The prosecution is trying to paint the defense's client as a criminal, but getting charges dismissed in court can be easy if the prosecution has done something incorrectly or built their case on facets of the law that don't work for their intended purpose. The defendant may never have to go to trial or even contact the prosecutors for a plea deal if the crime isn't likely to be proven.
Specific Ways Attorneys Look for Dismissal
One of the biggest areas of focus for evidence or information to dismiss a case is procedural violations. Prosecutors may try to showcase their evidence but may not have acquired that evidence the right way. For example, if police searched the defendant illegally or the arrest wasn't handled properly, that can lead to dismissal of the case. Much of the time, it's challenging to get a conviction from a judge if there is proof that the case was mishandled.
That can frustrate the prosecution, as they might otherwise have a solid case. But the chain of evidence is critical, and it absolutely has to be handled the right way. The state may bring charges but will understand the value of dropping those charges if they know they can't win the case. If your case is dismissed, you will be free to go home and not be charged with anything. When you call a defense attorney because you've been charged with crimes by a prosecutor, it's important to understand your rights. Working with a law firm to have your case dismissed and seal your record makes it easier to move forward.
Another way attorneys look for dismissal to help you is through conflicting evidence. The evidence for cases is often not that clear. Some evidence may even point to you, but if there's evidence that also points to someone else or to a different explanation, then that conflict in evidence may be enough to have your case dismissed. Prosecutors must be able to prove your guilt beyond a reasonable doubt, and conflicting evidence makes it almost impossible for them to do that correctly.
Much like conflicting evidence, tainted evidence is also an area where a defense attorney may attack the prosecution's case and try to get it dismissed. Sometimes, evidence will get tainted when collected improperly at the scene. That can also happen as it moves from where it was collected to the hands of those who are deciding how to use it against someone they've accused of the crime. Improperly securing a crime scene, failing to follow proper evidentiary procedures, and cross-contamination in the lab are all ways evidence may be tainted and have to be thrown out.
With the right defense attorney, you can be sure evidence in your case is being scrutinized to determine if it was mishandled at any point. If it was, that's one argument your attorney can look for to get the prosecution to dismiss the case against you. Speaking of arguments, that's another area for your attorney to work with—finding holes in the prosecutors' arguments. The more holes your attorney can poke in the prosecution's argument or case, the more likely the case against you will be dismissed.
The Right Attorney May Make a Difference
When it comes to getting your case dismissed, having the right attorney can go a very long way. Ultimately, it's up to the prosecutor whether to dismiss the case against you. But if your defense attorney can show that pursuing the case wouldn't be advantageous to the prosecution at all, it's far more likely that case will be dismissed, and you can move on with your life. Of course, there's no guarantee, no matter what attorney you choose. Finding one with a lot of education and experience, though, may give you better odds.
Consider choosing a criminal defense attorney who understands cases like yours and has successfully argued for dismissal in many of these types of cases. You're looking for an attorney who's made persuasive arguments in similar cases and has a good track record of getting cases dismissed. Look for a criminal defense lawyer who's aggressive, knows the law, and is comfortable with dismissals based on the kind of case you have. That will give you a greater chance of success.
By reaching out to an attorney you can trust, you can determine if your case may be eligible for dismissal. That won't be possible with every case, so it's important to know what your chances really are before pursuing that option. A qualified attorney can give you their professional opinion on whether your chances of dismissal are good. Then you can make an informed decision and consider all your options.
Being prepared as you move forward intending to have your case dismissed is very important, and one of the best ways to feel prepared is to have the right criminal defense attorney on your side. Then you can feel confident your attorney is working for you in the best way possible, and they'll make every effort to help you get your case dismissed as quickly and easily as possible. Some cases are much harder to dismiss than others, but if you can have your case dismissed, that's generally the best possible outcome from a legal standpoint.
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