July 19, 2023 | Criminal Defense
Facing a criminal charge can be an incredibly stressful experience. The consequences of a conviction can have a lasting impact on your life, including your employment, relationships, and future opportunities. Fortunately, several strategies can be employed to get your criminal case dismissed in Indianapolis, IN.
Five of the most common include the following:
- Diversion Programs
Diversion programs are designed to redirect defendants away from traditional criminal justice proceedings and into alternative systems that focus on rehabilitation, treatment, and support. Successful participation in a diversion program can result in the dismissal of your criminal case.
Diversion has numerous benefits, including:
- Avoiding a criminal record: As the charges are dismissed, participants will not have a criminal conviction on their record. This can positively impact future employment, housing, and educational opportunities.
- Reduced recidivism rates: Studies have shown that diversion programs effectively reduce the likelihood of reoffending, promoting public safety.
- Lower costs: Diversion programs are usually less expensive than lengthy court proceedings and incarceration.
To be eligible for a diversion program, you must typically meet specific criteria, such as having no prior convictions and facing non-violent charges. An experienced criminal defense attorney can help you determine if you qualify and guide you through the process.
- Plea Negotiations
Negotiation is another effective means of getting criminal cases dismissed. This entails your attorney and the prosecutor working toward reaching a mutually agreeable solution before trial. A common scenario is pleading guilty to lesser charges and having the rest of them dismissed.
In some cases, the prosecutor may be willing to dismiss your case in exchange for restitution payments or community service.
- Evidentiary Issues
Another way your criminal case could be dismissed is if evidentiary issues are present. This means there are problems or weaknesses with the prosecution’s evidence or witnesses.
There are two primary reasons for evidentiary issues that could lead to a case dismissal:
Lack of evidence: For a conviction to occur, the prosecution must have enough evidence to support its claim. If there is insufficient evidence, the prosecutor may end up dismissing the case.
Unreliable witnesses: Witnesses are a crucial component of many criminal cases. However, not all witness testimonies are reliable or credible. Factors that could make a witness unreliable include inconsistencies in their statements, questionable motives, or a history of dishonesty.
If the prosecutor can’t count on reliable testimony from a key witness, it’s possible that they will dismiss the case.
- Exclusion of Evidence
The exclusion of evidence can play a vital role in having your case dismissed. If crucial evidence is excluded from the trial, it weakens the prosecution’s case and may lead to a dismissal.
Some grounds for excluding evidence include the following:
Improperly obtained evidence: Evidence obtained through an unlawful search or seizure can usually be suppressed as a violation of your Fourth Amendment rights.
Chain of custody issues: If the evidence was mishandled or tampered with throughout the chain of custody, it could be deemed unreliable and inadmissible.
- Establishing an Alibi
An alibi can also serve as a powerful way to have your case dismissed. If you can demonstrate that you were elsewhere when the alleged crime occurred, it may be enough to prove your innocence and ultimately have your case dismissed.
To establish a credible alibi, you’ll need to gather evidence that corroborates your claim. This can include surveillance footage, credit card transactions, witness statements, or cellphone records that place you at a different location during the alleged crime.
Be aware, though, that presenting an alibi might not always lead to an immediate dismissal. In some instances, the prosecution could dispute your alibi – meaning you might still go to trial.
An Experienced Indianapolis Criminal Defense Lawyer Can Attempt to Get Your Case Dismissed
Getting your criminal case dismissed in Indianapolis is not impossible, but it requires a thorough understanding of the legal process, available strategies, and proper execution.
It is essential to consult an experienced defense attorney who can help protect your rights. Contact us today to schedule a free consultation.
Contact the Indianapolis Criminal Defense Attorneys at Suhre & Associates, LLC For Help Today
Suhre & Associates, LLC – Indianapolis
101 W Ohio St #2000
Indianapolis, In 46204