Ways Defendants Get Their Criminal Cases Dismissed Before Their Arraignments
When you get arrested for a crime, the first hearing you must attend is called the arraignment hearing. This is the standard due process for all criminal cases, but there is a chance you will not even have to attend this hearing. The only way this could happen is if you could get your case dismissed beforehand. Getting a criminal case dismissed is not easy to do, but there are times it happens, and here are some of the ways defendants are able to do this.
You must hire an attorney
Without hiring your own defense attorney, you would probably not be able to get your case dismissed before the arraignment hearing, and this is because you would have no one fighting your case for you. The alternative to hiring your own attorney is asking the court to appoint one to you, but this is not something that happens until the arraignment hearing.
There must be a lack of evidence resulting in a weak case
During the arraignment hearing, you can request that the court dismiss the case for a lack of evidence, and this is why you need an attorney. If there is no evidence that you committed the crime, or if there is very little evidence, your attorney could tell the court that there simply is no grounds for the court to pursue this case. If the court agrees, they can throw out the case, and this means that the case would be dismissed. The court needs evidence to prosecute a person, and without it, they will not have a case, and your attorney will use this factor to help you get the case dropped.
You would need a clear criminal history
The other factor that can play a huge role in this is your criminal record. If you are a repeat offender, the judge will know, as judges look this up for each defendant that comes into the courtroom. It is important to know that if you have a long list of crimes in your past, the judge might not be as willing to dismiss your case as he or she would if you have a clear criminal record.
If you are not sure what to do after you are arrested for a crime, you should call a criminal law attorney. This type of attorney can help you know your rights and options and will give you all the legal advice you need.