Most people believe winning a criminal trial is either extremely difficult or impossible. However, this is not always the case. An experienced criminal defense lawyer can make a case stronger just by making the argument against it weaker. Many criminal cases have issues, and these issues may result in dismissals.
According to attorney Christopher W. Adams, Esq. of Adams & Bischoff LLC, more than 90% of cases are eventually dismissed due to flaws. Some can even be thrown out before the trial begins, not just during it. What are some signs that your criminal case may be weak? This article will go over some of the most common explanations.
Lack of Evidence
Law enforcement may occasionally have solid evidence that would be extremely helpful in a case. This evidence, however, could vanish. When it rains, for example, it is difficult to see potential tire tracks or footprints. The case will suffer greatly if the evidence is tampered with before it is obtained. As a result, prosecutors may face a challenge.
No Credible Evidence at All
To determine someone’s guilt of a crime, jurors must examine the evidence. Without such evidence, they cannot declare that someone has committed a criminal act, nor can they charge someone with a crime. Jurors will demand proper proof, especially if a person is suspected of a serious offense that will almost certainly result in prison time. Without it, the case would be weaker.
Lack of Eyewitnesses
Witness testimony is a vital part of criminal case prosecutions. They witnessed what happened and can either support or refute your claims. You will need witnesses to testify that you were not guilty in the case. Otherwise, the chances of winning the case are significantly reduced. A case without witnesses is not credible, and it can be difficult if there is no other type of evidence from the crime scene.
Mistakes in Criminal Complaints
A vital paper riddled with errors is unquestionably a red flag. Criminal complaints must be accurate. These documents detail the offenses for which you are being investigated. However, errors do occur in criminal complaints on occasion. Incorrect facts, incorrect charges, or charges not submitted under the appropriate statutes are some examples of mistakes. Surprisingly, even minor mistakes can result in the dismissal of a case. Yes, it can be difficult for you to detect these errors. A qualified criminal defense attorney can help you in this case because they will be able to spot the infractions.
Illegal Arrest
The police must make an arrest when there is a reason to do so. The police can’t just detain someone without cause. When an officer makes an arrest, they must follow a specific procedure. They, for example, demand a warrant. They also require evidence of the crime’s commission in addition to probable cause. If there is evidence but it was not discovered before the arrest, the case may be dropped. This could simply be the result of an unauthorized arrest. Furthermore, if there is no evidence or if the arrest was made in error, the case may be dismissed.
Illegally Obtained Evidence
While gathering evidence for a case, it is necessary to obtain legal evidence. There is a procedure that must be followed when gathering evidence. When evidence is gathered, it must be legally located, seized, and presented. When law enforcement officers search for and seize evidence without a warrant, they are violating the defendant’s rights. When there is no warrant, defendants have the right to be free from searches and seizures. As a result, if a competent attorney notices this, the prosecution’s case will be weakened because they will be unable to present this evidence to the jury. If you are the prosecutor and are unable to present evidence in court because the defendant was illegally searched, your case may be dismissed.
The Conclusion
These are the primary indicators that a criminal case is weak. If you find yourself in this situation, you must have an experienced lawyer on your side to support you and provide sound advice. In Colorado, for example, there will be 530 crimes per 100,000 people per month in 2022. The rate has risen by 7.3% in comparison to 2019. Those involved in criminal matters in the state of Colorado must contact Denver criminal defense attorneys to obtain the necessary legal assistance.