Being charged with a criminal offense can be quite devastating. A conviction can result in penalties that can have long-term ramifications. That is why you want to avoid a conviction as much as possible. To make this happen, you need an experienced criminal defense lawyer Knoxville, TN to represent you and help you build a successful defense strategy. A great lawyer will strive to ensure you get a favorable outcome from your case. The following are some strategies they can use to get your case dismissed:
Arguing there was a Lack of Probable Cause
For you to be legally arrested, the police should have probable cause to think you committed a crime. Police should have objective facts to reasonably assume your criminal involvement.
For instance, if you were involved in a hit-and-run accident and your car matches the description of the witness, this gives the police probable cause to think you were in that accident. But, if your car did not match the description and the police stopped and arrested you for hit-and-run, they don’t have probable cause for doing so.
Stating there Was Not Enough Evidence
After your arrest, the prosecutor must present evidence that supports your guilt. Until the prosecutor convinces a judge or jury that evidence is available to establish probable cause, all charges you are facing are pending. When a jury or judge thinks otherwise, the charges could be dismissed.
Asserting the Search Was Not Legal
Police can only legally search you, your house, or your car under certain conditions. They should reasonably think you committed a crime. You cannot be sought because of your gender, race, religion, or they suspect you committed a crime.
Police that have probable cause may request a search warrant from a judge. In rare situations, police may search your house without a warrant. Evidence that police can get during their unlawful search cannot be used against you. In fact, your lawyer can use it to have your charges dismissed.
Using Prosecutor Discretion
Prosecuting lawyers can dismiss some charges. A skilled criminal lawyer might be able to convince the prosecutor to dismiss the charges you are facing. This can happen if the charges against you are minor and you have no previous criminal record.
Should you get arrested within a year, your original charges can be refiled by the prosecutor. Also, the prosecutor can dismiss your case when the victim requests it to avoid the possible trauma associated with testifying.