Winning a criminal case is highly possible, whether you are a victim in the accident or the at-fault party. Going by the figures, few criminal cases reported every year, end up in court as the rest are dismissed. However, for the latter scenario to happen, it is advisable to have an attorney who will clarify salient factors about your case, which determine the possibility of a dismissal. That said here are some of the groundings that will determine how far your case will go.
Criminal charges like a first offence DUI rely on one major factor, which is probable cause. Before the police can arrest you, there has to be probable cause that the suspect committed the crime of driving under the influence which is against local driving laws. Without this, the police cannot arrest the person based on instincts or purely suspicions. Therefore, the police should rely on eyewitnesses or mistakes made by the suspect, for instance being in possession of the weapon used to commit the felony. If the case does not have either, the police have no mandate in arresting the person. On the contrary, if the prosecutor finds any evidence linking the person to the crime, the case will be re-filed.
Another instance, which results to dismissal of most criminal cases, may involve mistakes being done by the side of the prosecution team. Case in point when a law enforcement officer includes the wrong details about the case in the charging document. If such a thing happens, the prosecutor cannot make the changes himself. The officer who made the mistake is the only person allowed to make the changes at this point. In that case, if the officer who made the mistake is not available or is retired, the prosecutor will have nothing else to do than to dismiss the case. Check out http://www.huffingtonpost.com/crime/the-news/ for news about the latest crimes.
It is against the law for the police to ransack your home without a search warrant- few instances allow them to carry out a search without one. However, if the law enforcement officer carries out a search without an order from the court, the evidence gathered will not hold water in court.
If the case has insufficient evidence to prove the criminal charges in court, the case will probably be dismissed. The evidence must relate the criminal suspect with the charges brought against him or her. Without this, the prosecutor from www.piolettilaw.com will have nothing else to do but to let the case be dismissed. However, the case can be re-filed when sufficient evidence is collected.
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