If you are facing criminal charges in New Mexico, you’re probably feeling a lot of uncertainty. As a defendant, you may be wondering if the prosecutor even has a case against you, or if you are going to face conviction at trial. Feelings like this are very normal, but there are some clear signs your case is going to be dismissed. Although there are no guarantees, we’ve put together a list of some of the first signs your case will be dismissed:
Lack of Evidence
One major reason why cases are dismissed is due to lack of evidence. For a conviction, the prosecutor has to prove that there is guilt that stems far beyond that of reasonable doubt. If the evidence that’s been collected is circumstantial, basic or limited then this can indicate that the case against you is weak. It may be that the prosecution lacks key evidence, such as DNA, possession of a murder weapon, reliable witnesses, etc. The prosecutor cannot meet the burden of proof if they do not have enough evidence.
When you hire a criminal defense attorney, they can file a pretrial motion. This motion helps to challenge the general sufficiency of the evidence. It’s also possible to ask for the case to be dismissed as a result of this. If the judge agrees that the evidence against you is too weak, then you might have your case dropped.
Under the 4th amendment, evidence that has been obtained illegally can’t be used against you. If police violate your rights by searching you or your home without a valid warrant, sufficient probably cause, or your consent then any evidence collected will also be inadmissible. This is know as the fruit of the forbidden tree. Anything found that implicates you in a crime after the illegal search or seizure was performed, is considered inadmissible in court.
Your attorney can easily file a motion to suppress, in instances like this. Without key evidence, the case may crumble, resulting in the trial being dismissed.
In the state of New Mexico, you have greater protection from the 4th Amendment too. In some instances, evidence that has been seized improperly may be inadmissible, even if a search warrant has been issued.
Lack of Probable Cause
Another sign that your case is going to be dismissed would be a lack of probable cause. For an arrest to be lawful, police need to have probable cause that you committed a crime. This means that police need to have sufficient facts, or evidence to indicate that you committed the offense on a reasonable level. Any resulting charges can be dismissed if this is not the case. Your lawyer will be able to challenge the grounds on which your arrest was made, along with any evidence that may stem from it.
The complaint that is filed by the police after your arrest will detail things like the charges, as well as the allegations against you. If there are notable errors here, or if you are charged with the wrong criminal statute then this can invalidate the complaint. Your lawyer can then leverage these mistakes in an attempt to have your case dismissed. Prosecutors may drop a case if it is weak, as opposed to re-filing an amended complaint.
Lack of Witnesses
Another reason why your case may be dismissed is if you have no witnesses. The prosecutor’s case will most likely rely on witness testimonies so that crucial facts can be established. Police officers will often describe their process of collecting evidence and they will also use witness accounts to tie you to the crime of which you’ve been accused.
It’s important to remember that without firsthand accounts, cases can deteriorate very quickly for the prosecution. If you don’t have any witness testimonies then this can leave prosecutors with gaps in their evidence, and courts are very good at seeing them. Motions to dismiss are often granted in instances like this, as there is simply not enough evidence to uphold the case in a court of law.
Extenuating Circumstances
Even when the evidence against you seems very strong, the prosecutor may dismiss the charges if the circumstances are extenuating. If you have committed a minor crime with no criminal history at all, then the prosecutor may drop the case so that you don’t have your future impacted by one bad mistake.
Prosecutors will also take into account things like how a conviction will impact you and your community. If the harm done by your conviction will cause a great deal of damage, and it is disproportionate to the offense then they may show discretion by dismissing your charges. For first-time juvenile offenders this outcome is very common. If you are an active, upstanding member of your community and take part in a lot of voluntary work, run youth clubs or are a working member of a religious establishment then this will also work in your favor.
A lot of this comes down to the fact that the damage done to the community may be greater than the crime committed. Although it’s impossible to say whether or not this will impact your case without knowing the facts, it does happen, and your lawyer may be able to use things like this to effectively build your case.
Take Action Now to See if You Can Get Your Case Dismissed
If you want to have your case dismissed then the best thing you can do is contact our team today. Our team at Lizzy Bunker, Criminal Defense Attorney is located in Albuquerque and handle cases across Taos, Bernalillo, Sandoval, Dona Ana and Valencia. We also offer the option for you to book a free and confidential consultation with our law firm.
You should never depend on the signs your case will be dismissed, rather we recommend you give us a call as soon as you have been arrested. We can take a look at the hard facts and help determine the viability of the charges you are facing. No matter what, we we will fight to give you the best criminal defense possible, using years of experience to give you the edge in the courtroom.
Contact Lizzy Bunker at 505.464.4844 or file an online form here for a free case evaluation.
