#MOTION TO DISMISS CHARGES HOW TO#
#MOTION TO DISMISS CHARGES TRIAL#

If the officer arrested a person hiding in a doorway near the liquor store without any physical description from a witness or other basis to believe the person committed the crime, the officer made the arrest without probable cause and the charges may be dismissed. If the officer sees a person matching that description hiding in a doorway down the street, she likely has probable cause to arrest. For instance, after the liquor store robbery, an eyewitness to the robbery describes the robber to the police officer as a person wearing a red jacket with a dragon emblem and carrying a knife with a long blade and black handle. The officer must have a reasonable belief based on objective, factual circumstances. A police officer can't arrest a person simply because he has a gut feeling the person just robbed the liquor store down the street. In order to arrest a person, police must have probable cause to believe that the person committed a crime. Let's review how these situations might play out.

loss of evidence necessary to prove the defendant committed the crime.

an unavailable witness who is necessary to prove the defendant committed the crime, and.

lack of evidence to prove the defendant committed the crime.

an improper criminal complaint or charging document.

And, generally, the first task for a defense attorney in a criminal case is to determine whether there are any grounds on which the case could be dismissed before a plea or trial. Many cases end up being dismissed by the prosecutor or the court.

#MOTION TO DISMISS CHARGES TRIAL#

Source: PennLive.Not every defendant who faces criminal charges will proceed to trial or a plea.

#MOTION TO DISMISS CHARGES HOW TO#

Whenever someone is facing criminal charges, a lawyer can review the charges and the evidence used to support them, and then make a decision as to how to proceed. The fraternity has been disbanded at Penn State.

The remaining charges consist of hazing and misdemeanor alcohol-related counts. Two different magisterial district judges have dismissed the most serious charges – involuntary manslaughter and reckless endangerment – against the former fraternity members. A group of 18 fraternity brothers and leaders were originally charged with several crimes. The case arose from an incident in which a 19-year-old “pledge” died during a hazing event. Sometimes, dismissal of charges follows an evidentiary hearing in which evidence that was used to charge the defendant was suppressed due to constitutional or other violations on the part of investigating officers.Īn example of a judge dismissing criminal charges occurred recently in the ongoing criminal case against members of the former Beta Theta Pi fraternity at Penn State University. When a defense attorney makes a motion to dismiss criminal charges, he usually will argue that there is not sufficient probable cause to support the charges. Oftentimes, prosecutors will allege multiple violations, charging related crimes or differing degrees of the same crime – like murder and manslaughter, for example.

Criminal charges are generally dismissed in one of two ways: by making a motion to a court or through negotiation with the prosecutor in the case. The fewer charges a defendant faces, the fewer consequences the defendant will face as a result. This type of strategy is a key component of a strong criminal defense.

A primary strategy that criminal lawyers use to defend their clients in Pennsylvania is to move for a dismissal of the charges filed against a defendant.

Motion to dismiss charges