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Many criminal cases are resolved through a plea deal or a courtroom trial, but sometimes prosecutors decide to drop charges if they’re unlikely to obtain a conviction. In some cases, this decision is based on the strength of the case, or perhaps your rights were violated during the investigation. Below are some of the factors your criminal law attorney may use to get the charges dropped.

Why Criminal Charges Could Be Dropped

1. Insufficient Evidence

Police may have sufficient evidence to justify an arrest, but that doesn't necessarily mean prosecutors will be able to secure a conviction. If the state can’t prove their claims beyond a reasonable doubt or if exculpatory evidence is uncovered, the prosecutor may abandon the case.

2. Illegal Searchcriminal law

In most cases, police must have your consent or a warrant before conducting a search of your person or property. If an officer discovers evidence of illegal acts without going through the process, any information they obtain may be challenged by your criminal law attorney.

3. Wrongfully Obtained Evidence

The products of an illegal search are typically excluded from court, but so is any evidence police collect following leads based on improper behavior. If, during an illegal search of a suspect’s computer, police learn of a rented storage unit, they won’t be able to use the contents of the locker to build their case. If the prosecutor’s case is based primarily on “fruit of the poisonous tree,” they may have no choice but to drop the charges.

4. Lack of Probable Cause

Before pulling over a vehicle or stopping someone on the street, police must have probable cause to believe the person is engaged in criminal activity. If your attorney can show that police behaved improperly, the judge will likely exclude any information they collected as a result.

 

If you’ve been charged with a crime in Southeast Missouri, the defense attorneys at Hackworth, Ferguson & Thompson are prepared to fight for your rights. They have over 45 years of experience representing clients against a broad variety of charges and an impressive track record of positive results. Visit their website for more on their criminal law services, get insights on Facebook, or call (573) 223-4247 to schedule an initial case evaluation.

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