Being charged with a crime can leave you feeling scared and vulnerable, but just because you have been arrested does not mean that you are automatically guilty.
Many criminal cases are dismissed because the prosecution has insufficient evidence to secure a conviction. In fact, statistics show that less than ten percent of criminal cases result in a conviction. So, if you have a strong defense team, the chances are high that you will win your case.
Here are signs that the criminal case against you could be weak:
Illegal Arrest
The police require probable cause to arrest you for a crime. That means they must be able to prove that you violated the law seriously enough to warrant an arrest.
Moreover, the arrest must follow specific protocols. For instance, the officers must have a warrant for the arrest and read you the Miranda Rights, informing you that you are under interrogation.
If the police make an illegal arrest, your criminal charges may be dismissed. Moreover, any evidence the authorities obtain from the illegal arrest will also be inadmissible in court.
Insufficient Evidence
To convict someone of a crime, the prosecutor must show that the defendant is guilty beyond a reasonable doubt. They will present evidence that includes eyewitness testimony, recorded surveillance footage, and the forensic analysis of physical evidence.
Without sufficient evidence, it will be difficult for the prosecutor to secure a conviction. If the evidence against you is insufficient, your attorney may request that the charges be dropped.
Sometimes, the police might have good evidence, but it can get lost or destroyed during the investigation. This, too, could affect the outcome of your case.
Criminal Complaint Flaws
A criminal complaint is a written statement that describes the charges against a defendant. The statement is usually signed by a prosecutor and contains all of the essential elements of the crime.
If a criminal complaint contains any mistakes, the prosecution cannot use it as evidence in court. This might include misspelled names or incorrect dates of birth, and inaccurate descriptions of the crime.
It may be difficult for you to spot errors in a criminal complaint; however, an experienced criminal defense attorney can review the document and identify potential flaws.
No Witnesses
Witnesses are a crucial element in any criminal case. They give first-hand accounts of the crime and help establish the defendant’s identity. For court purposes, witnesses must be truthful and accurate in their statements.
Therefore, the court may dismiss the case if the prosecution fails to present witnesses who can testify against you. You can also increase the chances of a successful outcome by gathering your own witness statements to support your claim.
Why You Need to Contact a Criminal Defense Attorney
“Navigating the criminal justice system can be overwhelming and confusing. Even if you are innocent of the charges, you may still feel anxious about going to trial,” says attorney Shawn Sukumar of Shawn Sukumar, Attorney at Law. Fortunately, you can increase your chances of winning the case by hiring a reputable criminal defense lawyer.
Criminal defense lawyers have years of experience handling cases similar to yours. They can help you build a solid defense and protect your rights throughout the hearing. Even if you are found guilty, your attorney could fight for a reduced sentence or a less-severe punishment.
