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When Can Criminal Charges Be Dismissed in Florida?

At the Law Office of Denise Miller, our criminal defense attorney in StuartFlorida understands that when most people are arrested, whether it is for a DUI or a drug crime, they may have a lot of questions about what happens next.

Facing the unknown after an arrest can be terrifying. That is why it is important to speak with a Martin County defense attorney to get the answers you need to move forward with confidence before your initial court date arrives.

The reality is, depending on the circumstances of your arrest, not all criminal charges will proceed to court if your defense attorney can get them dismissed first.

Three possible scenarios may allow our experienced Stuart criminal defense attorney to petition the state or county attorney’s office to drop the charges against our clients.

Illegal Stop, Search, or Seizure

First things first: It is a violation of your Constitutional rights to be randomly stopped based on your race, religion, or physical appearance.

Individuals may be stopped for traffic violations, or if the police suspect the person is in the act of committing a crime, like driving under the influence of alcohol or drugs or another criminal activity.

Moreover, law enforcement officials may only search your property if they have a search warrant, and only in very limited and specific circumstances without one.

If there was no specific occurrence that permitted the legal search of your property, any evidence obtained during the investigation may be inadmissible.

Lack of Probable Cause for the Arrest

The police must have probable cause to believe you committed a crime before they can arrest you.

Law enforcement officials may not stop or arrest you because they think you committed a crime.

There must be factual, objective evidence that you were the person who committed a crime before an arrest can be made.

That may include obtaining video footage that captured the crime or gathering witness statements from one or more people who saw the illegal activity occur or.

Unavailable Witness or Lost Evidence

When the evidence was obtained legally and is deemed admissible, it can be used to strengthen the state or county attorney’s case against you. If that evidence or witness testimony is compromised, lost, or otherwise no longer available, and there is no other proof to substantiate that a crime occurred, the criminal charges may be dismissed as a result.

How Will the Law Offices of Denise Miller Outline My Criminal Case to Pursue the Best Outcome?

At the Law Offices of Denise Miller, our criminal defense attorney in Stuart, Florida will thoroughly review your case file to ensure the arrest, interview, or process did not violate your rights and any evidence gained therein was legally obtained.

If your case cannot be dismissed, we will use our leverage to negotiate lesser charges or prepare the case to pursue success inside the courtroom.

While each case is unique and must be assessed on its merit, our law office will work tirelessly to pursue the best outcome for each of our clients.

If you have questions about your arrest and the charges against you, contact our experienced criminal defense attorney in Martin County at the Law Office of Denise Miller by calling (772) 934-6007 to discuss your circumstances and learn more about your legal rights, options, and potential solutions today.

 

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