Understanding Dismissals in a Criminal Case

If you face criminal charges, it can be incredibly overwhelming and intimidating. Criminal charges can include a DUI, theft, domestic violence, or any number of other charges.

If you're going to court for criminal charges, the best outcome is going to be that your case is dismissed. With that being said, there are different types of dismissals, and they can have different ramifications in the long-term.

Dismissals can happen for a number of reasons, from a lack of evidence to an illegal stop and search. For example, it's illegal to obtain evidence without a search warrant.

The following is a general guide to dismissals in criminal court cases.

What is a Dismissal?

A dismissal means that in criminal court, the court has decided before the trial or before a verdict is reached to end the proceedings taking place against you as the defendant. The procedures are largely governed by the specifics of state laws.

If your case dismissed, it means it's thrown out, and there's no conviction.

What Are Some of the Most Common Reasons for a Dismissal?

The specifics vary depending on the case, but some of the more common reasons for a dismissal can include:

- No probable cause: Before you get arrested, a police officer has to have probable cause that you committed a crime. It's not enough to arrest someone because they feel like you committed a crime. If it's discovered an officer made an arrest without probable cause, the charges may be dismissed.

- Criminal Complaint Mistake: When a law enforcement official makes an arrest, they complete a criminal complaint. This can also be called a charging document, and they have to sign it under oath. This says they are attesting that the contents of the arresting document are truthful. If there is an omission or error on this document, then charges may be dismissed.

- Illegal Stop or Search: Law enforcement officials are only able to stop you on the street or in a vehicle under particular circumstances, and these circumstances might indicate a person is committing a crime. Otherwise, stopping a person or vehicle can be a violation of constitutional rights, and if a police officer conducts a search without a warrant and outside of any special permitting circumstances, then the evidence they gather can't be used in court.

- Insufficient Evidence: When you're arrested, a prosecutor is responsible for showing they have enough evidence for probable cause that you committed a crime. Without that evidence, charges may be dismissed.

- Unreliable Witness: If there is someone who's considered a key witness in your criminal case and they're not able to testify, or they're seen as unreliable, this may mean a dismissal. Additionally, lost evidence can similarly lead to a dismissal.

Different Types of Dismissals

Not all dismissals are the same. There can be a dismissal with prejudice or without prejudice. A judge decides whether to dismiss with or without prejudice. If your case is dismissed with prejudice it means the charges can be completely dropped. That's the final decision, and the case doesn't affect your criminal record.

A dismissal without prejudice isn't as cut and dry, however.

If you receive a dismissal without prejudice, the prosecutor may still have the opportunity to refile the case, and this could mean you still receive criminal charges.

The judge makes a decision based on whether or not a prosecutor's problems with their case can be corrected. As an example, if a prosecutor obtained their evidence legally and properly, but it's weak, then there may be a dismissal without prejudice so they can gather additional evidence.

If a prosecutor can uncover stronger evidence against you, then they will refile charges against you, and in some cases, it may be lesser charges.

If you receive a dismissal without prejudice, it's important that you don't relax or become too complacent. You should continue working with your lawyer and keep an eye on anything that could indicate charges are being refiled.

If you do go to trial and you lose, you can also appeal your case. This is an option if you don't receive a dismissal. If you win your case on appeal you may be able to get the trial court to have to dismiss the case after conviction or enter a judgment of acquittal.

Getting your case dismissed can feel like a victory, and in some cases, it can be, but not always, so make sure you carefully choose your lawyer and follow their advice throughout the process.

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