5 Easiest Ways to Get Your Criminal Case Dismissed
Being arrested and charged with a crime in Texas can feel extremely stressful. A conviction could lead to jail time, steep fines, and a criminal record that severely impacts your future freedom. Fortunately, being charged is not the same as being convicted. In fact, many cases never make it to trial because they are dismissed altogether. Below are five of the most effective ways to get a criminal case dismissed under Texas law.
1. Lack of Evidence
The prosecution must prove every element of a charge beyond a reasonable doubt. If there isn’t enough evidence to support the case, a judge may dismiss it. This often happens when:
- Witnesses recant or refuse to testify
- Physical evidence is weak or contradictory.
- The evidence presented fails to establish all elements of the offense
A defense attorney can file a motion to dismiss for insufficient evidence, forcing the state to prove that it has enough to proceed. Without solid proof, the case cannot continue.
2. Illegal Search and Seizure
The Fourth Amendment of the U.S. Constitution and Article I, Section 9 of the Texas Constitution protect you from unlawful searches and seizures. If police obtained evidence without a valid warrant, probable cause, or a recognized exception, that evidence may be suppressed and thrown out. For example, if drugs were found in your car after an unlawful stop, your attorney can ask the court to throw out that evidence. Without it, the prosecution may have no case left. This is one of the most common and powerful strategies to secure a dismissal.
3. Procedural Mistakes by Law Enforcement
Criminal cases can unravel if the police or prosecution fail to follow required procedures. Common mistakes include:
- Failure to read your Miranda rights before a custodial interrogation
- Mishandling or losing evidence
- Violations of your right to a speedy trial
- Errors in the charging documents
Texas courts take constitutional rights seriously. If your attorney can show that mistakes violated your due process rights, the judge may dismiss the charges you’re facing outright.
4. Cooperation or Diversion Programs
In some situations, particularly with first-time offenders or low-level charges, prosecutors may offer alternatives such as pretrial diversion programs. These often require community service, counseling, and restitution (if applicable). If you complete the program successfully, the case can be dismissed without a conviction on your record. Your attorney can negotiate with the district attorney to determine if you qualify for such opportunities, which are available in many Texas counties.
5. Prosecutorial Discretion
Prosecutors sometimes decide it isn’t worth pursuing a case. This may happen if, for example, the case would be difficult to prove at trial or if the amount of evidence isn’t strong enough to meet the burden of proof. In these situations, the district attorney may exercise prosecutorial discretion and drop the charges in the interest of justice. A defense attorney can highlight mitigating factors (such as your clean record and strong community ties) to persuade the prosecutor that dismissing the case is the fair and efficient outcome for everyone involved.
Contact Barton & Associates Attorneys at Law, PLLC to Schedule an Initial Consultation
If you’re facing criminal charges in Texas, you still have options to fight back against the prosecution. Many cases can be dismissed with the right defense strategy, and your chances might even be higher if the evidence against you is weak or if your constitutional rights were violated. A team of dedicated Texas criminal defense lawyers can review the facts of your case and fight to protect your freedom throughout the entire process. Schedule a consultation with Barton & Associates Attorneys at Law, PLLC to get started.
Barton & Associates Attorneys at Law, PLLC San Antonio
115 Camaron St, San Antonio, TX 78205
Barton & Associates Attorneys at Law, PLLC Corpus Christi
5110 Wilkinson Dr Suite 210, Corpus Christi, TX 78415