Being charged with a crime in New York can be a frightening and confusing experience. While a conviction can impact your freedom dramatically, it’s important to know that not every criminal charge results in a conviction. In fact, many cases are dismissed before they ever reach trial.
A dismissal means the court throws out your case, and the charges against you are dropped altogether. Although this doesn’t happen automatically, several common legal strategies can lead to a dismissal in some cases.
Every arrest in New York must be based on probable cause, meaning the police must have a valid reason to believe you committed a crime. If officers apprehend you without a justifiable reason to do so, your attorney can challenge the arrest.
If the judge agrees that the police lacked probable cause, any evidence gathered after the illegal arrest can be excluded from your case. Without that evidence, prosecutors often have no choice but to dismiss the charges.
This is especially common in drug crimes and DWI cases where police procedures are closely scrutinized.
The prosecution must prove every element of the crime beyond a reasonable doubt. If they don’t have enough credible evidence to meet that burden, the case against you may not be able to move forward.
For example, in many kinds of theft cases, prosecutors must not only prove that property was taken, but also that it was taken intentionally and without permission. If the available evidence is missing or unreliable in some way, your attorney can argue for a dismissal.
Police and prosecutors must respect your rights under both the U.S. Constitution and the New York State Constitution. If your rights were violated at any point during the investigation, your lawyer can file a motion to suppress evidence.
Examples include:
If the judge rules in your favor and decides that there was a constitutional rights violation, you might walk away with a favorable outcome.
Prosecutors must follow strict rules when filing charges. If these rules aren’t adhered to appropriately, the charges in question may not stand up in a court of law.
For example, this might occur if the incorrect statute is cited or if the complaint doesn’t specify sufficient facts. Your lawyer can review all of the pertinent charging documents for procedural errors and file a motion to dismiss if any are found.
Sometimes, these technical issues are enough to get a case dismissed; however, keep in mind that this happens relatively rarely.
In some cases, you can avoid conviction by entering a diversion or treatment program. For eligible defendants (often first-time offenders), completing the program can result in the charges being dismissed.
Programs may focus on substance abuse treatment, mental health counseling, and community service. Once all of the applicable conditions are met, the court may dismiss the case and seal your record, allowing you to move forward without a conviction.
Getting a criminal case dismissed in New York often requires significant legal research and expertise. A qualified Syracuse criminal defense lawyer at our firm can evaluate all of the facts and circumstances of your case and work toward a dismissal if it’s possible under the law. Contact Passalacqua & Associates, LLC, today to schedule an initial consultation and explore your options.
If you’ve been charged with a crime in Utica or Syracuse and need legal help, contact our skilled criminal defense attorneys at Passalacqua & Associates, LLC. Schedule a free consultation today to discuss your case and protect your rights.
Passalacqua & Associates, LLC
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Utica, NY 13501
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(315) 500-6425
Passalacqua & Associates, LLC
499 S Warren St #220,
Syracuse, NY 13202
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(315) 500-6425
Passalacqua & Associates, LLC provides legal representation for individuals facing personal injuries and criminal charges. Our attorneys offer compassionate guidance and aggressive strategies, and we’re committed to achieving the best possible outcomes. We’ll protect your rights and navigate legal complexities on your behalf.
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