When you get charged with criminal sexual conduct, it becomes impossible to avoid a trial. According to the facts and figures, there happens to be more than 97% of federal criminal cases, along with state ones, never make it to trial. Most criminal sexual conduct 1st degree cases get resolved before heading to court. Out of which, only 8% get dismissed by the prosecutors.
Essential Facts About Case Dismissal
Specifically, you can see the dismissal of any criminal case in three forms. These forms include:
● With Prejudice
It means that the keys undergo permanent dismissal. In such a situation, the prosecutor has no right to refile the charges. The judge has the authority for such release.
● Without Prejudice
Dismissal without Prejudice helps the prosecuted to refile the same case in the future. Sometimes such discharge occurs when the prosecutors require time to investigate more about the issue.
● Voluntarily Dismissed
Such a case occurs when the prosecution does not bring the criminal case to court. It can be done for various strategic reasons. Besides, it is common for the trial to dismiss weaker claims sincerely.
Ways In Which A Defense Lawyer Helps To Dismiss The Case
Dismissal can be an available option in some cases. It takes a lot of convincing power to achieve the needed outcome. The right defence lawyer can help one to get their case dismissed. However, they can do a few crucial things. These are:
- The defence lawyer can identify various weaknesses in the prosecution’s cases.
- At the same time, they can also have the ability to showcase the defendant with a good character. Especially when the prosecutor gets the idea that the dependent is someone without any criminal career or, ahead of public safety threats, they become inclined to dismiss the case.
It is all in the hand of a skilled lawyer to discover the major problems that creep up the prosecution’s case. The lawyer would try to show the prosecution’s case a weak one before it reaches the court for trial. Sometimes the lawyer can also skillfully motivate the prosecutor to dismiss the charges voluntarily. It can give a lot of time to the lawyer to investigate the case and when it is ultimately. Moreover, the defence’s work is to establish a reasonable doubt. Only then would one be able to win the case.