However, depending on the circumstances of your arrest, not all felony charges will proceed to court if your felony attorney can get the charge dismissed first. To pursue the dismissal of felony charges, we must first review the legality of the arrest and how the evidence was obtained.
Here are the three main legal points we will address when considering the possibility of petitioning the prosecutor’s office to drop the charges against our clients.
Point One: Lack of Probable Cause for the Arrest
Before you can be arrested, the police must have probable cause to believe you committed a crime.
That means you cannot be stopped and arrested simply because law enforcement officials “think” you committed a crime.
They must have objective and factual evidence that you were the person who committed a crime, which can include witnesses who saw the illegal activity occur or video footage that captured the crime before arresting you.
Point Two: Illegal Stop, Search, or Seizure
Law enforcement officers may only stop an individual under certain circumstances, which may include violating traffic laws or if police officers believe that the suspect is in the act of committing a crime.
If a police officer randomly stops a person based on his or her race, religion, or physical appearance, it may be a violation of their Constitutional rights.
Likewise, law enforcement officials may only search your property, including your home or car, if they have a search warrant, and only in particular and very limited circumstances without one.
If there was no exceptional event that permitted the search of your property, then any evidence gathered during the investigation may not be used against you in the court of law.
Point Three: Unavailable Witness or Lost Evidence
If it is deemed that the evidence gathered against you was legally obtained, the prosecutor’s office must submit the essential physical evidence or present the witness for their testimony to move forward with your case.
If the crucial evidence is lost or a witness is not available to testify, and there is no other proof to substantiate that a crime was committed beyond a reasonable doubt, the criminal charges may be dismissed by the prosecutor’s office.
Have You Been Charged With a Felony in Maryland or Washington D.C.? Contact Our Experienced Criminal Defense Attorneys at Lotze Mosley LLP Today
If you have been charged with a felony, it is essential that you consult a criminal defense attorney to understand your rights and the best way to proceed with your case, based on the evidence the prosecutor has against you.
Contact our experienced criminal defense attorneys in Washington D.C. and Maryland today by calling (202) 393-0535 to discuss your case, so together we can pursue the best outcome for your unique legal circumstances.