If you have been charged with a crime, you are likely filled with anxiety and apprehension, but there’s the hope of having the case dismissed if the prosecutor is incapable of proving your guilt beyond a reasonable doubt. Kersey Law is a criminal defense firm that explains how case dismissals are achieved. No, it’s not because a defense attorney is best friends with a judge. Instead, a criminal defense attorney can obtain a successful motion for dismissal by reviewing the evidence presented in the discovery and challenging pieces of evidence that the prosecutor believes will result in a conviction.
Prosecutors file charges based upon the evidence that is gathered through the police investigation and documented in the probable cause affidavit leading to the arrest.
However, certain pieces of evidence can be suppressed pre-trial due to fourth amendment right violations and shaky eyewitness identifications. Furthermore, some pieces of evidence can be challenged through the establishment of a strong defense. Not all arrests lead to convictions as the prosecution needs to meet the burden of proof necessary to prove to a jury that the defendant is guilty beyond a reasonable doubt. If you have pending charges, you can contact Kersey Law for assistance.