Law enforcement is not infallible. Sometimes, in their zeal to make an arrest or win a conviction, they may cross a line when it comes to your legal rights. In other cases, they filed criminal charges that they never should have in the first place. There are times when you can get your charges dismissed by a judge, or the prosecutor may even drop the case on their own.
Police must have probable cause to arrest you. An arrest is considered a seizure of your person. Probable cause is defined as a reasonable belief that a crime has taken place or is taking place. Without it, police cannot make a valid arrest. If they never had probable cause to arrest you in the first place, the charges can be dismissed. In some cases, you may get evidence thrown out because police did not have probable cause to seize it. If you can get that evidence thrown out, the prosecutor may lose practically the entire basis of their case. Then, you could move to have the case dismissed.
The court will review whether there was probable cause at a preliminary hearing. This is almost a mini-trial, where the prosecution must show the evidence that supports probable cause. Although they have a lower standard than they would in front of a jury, the judge may still dismiss the case if they do not believe that the prosecution has met the legal standard for the charges to go forward. Therefore, you should have an attorney at the time of the preliminary hearing.
Contact a Marin County Criminal Defense Attorney
The Mason Law Offices can help you with aggressive legal representation in your criminal defense case. To discuss your case, you can send us a message online or call us at 833.717.1127.