How to Get Your Criminal Charges Dismissed: 5 Top Ways to Do It

Have you or someone you know been charged with a crime, DUI, or misdemeanor, and you’re wondering how to get the charges dismissed? This is a question that I commonly get asked repeatedly. If you find yourself in this situation, don’t lose hope because today, we’ll tell you five different ways that criminal charges can be dismissed. These are tried and tested methods that have worked for many people, so sit back, relax, and read on.

Lack of Evidence

If you’ve been charged criminally in the state of New Jersey, whether it’s a felony, misdemeanor, or DUI, the state has to prove your guilt beyond a reasonable doubt. If they don’t have enough evidence, they can’t prove their case, and that’s a dismissal. As a criminal defense law firm, it is our charge and obligation to not only seek that out, but if there is a lack of evidence, to convince the prosecutor to do the right thing or to convince the prosecutor that this charge is appropriate for dismissal due to a lack of evidence.

Suppression of Evidence 

They may have enough evidence to prove your case, but if that evidence has been obtained unlawfully, then it can be suppressed. If there’s evidence that evidence needs to be seized lawfully, there needs to be a search warrant or an exception to that search warrant. If the court agrees that the evidence was obtained unlawfully, the motion to suppress keeps the evidence out, and your case may be dismissed.

Diversionary Programs

Another way that charges can be dismissed is through diversionary programs. There are several different diversionary programs in New Jersey. One is called Pretrial Intervention. Another one is called Conditional Dismissal, and there are some other diversionary programs. If you’re eligible for any of these programs, successfully completing them could lead to the dismissal of your criminal charges.

Affirmative Defenses

An affirmative defense is a defense where you admit that you did what you’re accused of, but you argue that you were justified in doing so. A classic example is self-defense. You may have acted in self-defense, and if there is proof that this was an act of self-defense, your charges may be dropped.

Violation of the Law 

If the prosecution violated the law, including but not limited to the statute of limitations, the case may be dismissed. Most criminal offenses or felonies have a five-year statute of limitations, and you may be able to use that to your advantage if your case is older than that.

As you can see, getting your criminal charges dismissed is not an easy feat. It requires understanding the legal system, perseverance, and maybe even some luck. But don’t despair if you find yourself in this situation. By hiring a skilled criminal defense lawyer, you can improve your chances of getting your charges dismissed.  It’s important to remember that each case is unique, and the above strategies may not work for everyone. We recommend consulting a professional criminal defense attorney who can guide you through the legal process and help you navigate your options based on your specific situation. We hope that this guide has given you a general idea of the options that are available to you. Click here to contact us today!