If you are facing felony charges, your life is probably hanging on a thread. You are probably facing a lengthy jail sentence. The following are some defenses your attorney could use to have the charges dismissed.
One of the grounds for dismissing felony charges is because of weak evidence. Your felony attorney can prove this by gathering relevant information, interviewing witnesses, and conducting tests to ensure the facts in the complaint are true.
For example, forensic tests may show that you didn't commit the felony or that a witness provided false information. In this case, the prosecutor is forced to drop the case. When it comes to felony charges, the prosecutor is supposed to prove beyond any reasonable doubt that you committed the crimes mentioned in the complaint. Therefore, if the prosecutor presents weak evidence, it means there is the likelihood you didn't commit the crime, and they will be forced to drop the charges.
Your felony charges can be dismissed due to lost evidence. This can occur if a witness refuses to testify or crucial evidence is lost. For example, a witness may refuse to offer their testimony fearing self-incrimination. If the bulk of the prosecution's evidence was based on the witness's testimony, the case might be dropped because of insufficient evidence.
Similarly, if the prosecution has crucial evidence to prove your guilt, but it is lost before they can present it at the hearing, the court may withdraw the felony charges against you. Some cases are based on a witness identifying the defendant. However, sometimes, the police may manipulate a line-up so the witness may point out the person they want to frame for a particular crime. Your felony lawyer can challenge how a line-up led to your identification as a prime suspect.
No Probable Cause
The circumstances of your arrest can also help your felony lawyer seek the dismissal of your case. Police can only make arrests based on probable cause. This means that you should act in a manner that inclines a reasonable police officer to suspect your motives. The probable cause should be backed by evidence.
For example, if you are walking across the street with a backpack, the police cannot just intervene and arrest you as a suspect. However, if a crime had been executed by a person wearing a backpack, the police have probable cause to arrest and question you as a suspect. The burden of proof is upon your felony attorney to show that the police had no probable cause when they arrested and charged you for a felony.