Can You Get a Criminal Case Dismissed Before Trial in LaGrange, Georgia?

Not every criminal defendant goes to trial. Some defendants have their cases dismissed before trial if they hire the right defense attorney. At Moffitt Law, LLC, our LaGrange criminal defense lawyer knows the different methods of getting a case dismissed. Call our office to schedule a time to meet and find out if a dismissal is an option for you.

Can a Case Get Dismissed Before Trial?

Yes! There are a couple of ways this can happen:

The State Dismisses the Case

The District Attorney might have second thoughts about bringing the prosecution. They might learn of new evidence that changes how they see the case, or they might believe their initial decision to prosecute was wrong.

One situation involves the uncovering of evidence that proves the defendant did not commit the crime (i.e., exculpatory evidence). Police might not have talked to all witnesses, or a defense attorney might find video proof that a defendant was at a distant ATM when a crime was committed across the city. The prosecutor might no longer believe the defendant is guilty, so they drop the charges.

In other situations, a judge might suppress incriminating evidence, which means the DA has less evidence to use. Suppose a police officer threw you against a wall during an interrogation. This type of force would make any incriminating statements inadmissible. The case against the defendant could have folded at that point, so the prosecution dismissed the charges.

The Judge Dismisses the Case

Sometimes, a judge will toss the case. A judge is objective and doesn’t represent the prosecution or the defendant. A defendant can even ask a judge to dismiss the charges by filing a written motion.

Why would a case be dismissed? There are several reasons. Here’s one: The indictment against you might miss key pieces of information, so no crime is laid out in it. A defense lawyer might file a motion called a “demurrer,” which is essentially an objection to the charges that questions the adequacy of the prosecution’s case. This could result in the dismissal of charges.

How Often Do Cases Get Dismissed?

Dismissal is less frequent than reaching a plea bargain. With a plea bargain, the defendant pleads guilty to something—usually, a reduced charge. Both sides “win” with a plea bargain, at least in theory. The defendant will face less time in jail (or no time at all), and the state gets a conviction.

A true dismissal is much rarer. The prosecution often digs in its heels and refuses to budge, even when confronted with exculpatory evidence. A judge also gives the state the benefit of the doubt when it comes to bringing charges. However, we always seek a dismissal when the facts warrant it.

Can a Case Be Dismissed at a Pre-Trial Hearing?

Yes. The defendant has many pretrial hearings, which serve various purposes. However, one is to review whether there is probable cause to charge a defendant. A judge needs to independently review whether the evidence shows it is likely the defendant committed the charged crimes.

This is a great opportunity for a LaGrange criminal defense attorney to get a sneak peek at the evidence the state plans to use. We can listen to witnesses or review the forensic evidence.

A defense attorney can also attack the evidence. At Moffitt Law, we can cross-examine witnesses to highlight inconsistencies in their testimony or prior inconsistent statements. We might also challenge the sufficiency of physical evidence to prove guilt.

This preliminary hearing isn’t exactly like what will happen at trial. The state can use evidence at the preliminary hearing that it can’t in front of a jury, such as hearsay evidence. (OCGA 24-1-2(d)(1).) Also, the probable cause standard is lower than “beyond a reasonable doubt,” which is the standard at trial.

Nonetheless, the preliminary hearing is an important screening mechanism. If a judge doesn’t believe there is probable cause, the court should dismiss the case.

Contact a LaGrange, Georgia Defense Lawyer

Moffitt Law, LLC, stands ready to defend any accused of a crime. Call us at 762-200-2924 to schedule a confidential consultation with our office.