How and Why Are Criminal Charges Against a Person Dismissed in Texas?

 Posted on September 07, 2022 in Criminal Defense

Most people assume that criminal charges can only lead to one of two outcomes: a guilty verdict or an acquittal. However, there is another potential outcome that is even more preferable than being pronounced "not guilty." In some cases, criminal charges against a person are dismissed entirely. Once charges are dismissed, the person is no longer facing any legal penalties or repercussions. He or she will be spared the stress and expense of a jury trial. Even better, the person can ask the court for an expungement that erases the arrest record and court files.

Reasons for Dismissal of Criminal Charges in Collin County

There are a number of reasons that criminal charges might be dismissed. One common reason is if the prosecutor decides that there is not enough evidence to convict the defendant. This could be because key witnesses are unavailable or because the evidence is not strong enough to prove beyond a reasonable doubt that the defendant committed the crime. In some cases, charges are dismissed because the defendant has been cleared by new evidence, such as DNA testing.

Lack of probable cause for the initial arrest can also lead to dismissal. Fortunately, in the United States, we have constitutional rights that prevent police from arresting us without justification. If there were no objective reasons for the initial traffic stop or arrest, the case against the defendant may be dropped before charges are even filed.

Charges may be dismissed if the police or prosecutor made a mistake in handling the case. For instance, if the police conducted an illegal search or seizure, any evidence that they found as a result of the illegal search could be thrown out. This could lead to the dismissal of all charges stemming from that evidence. Or, if the prosecutor withholds exculpatory evidence from the defense, the judge might dismiss the charges. Charges can also be dismissed if the defendant successfully completes a pretrial diversion program.

Sometimes, dismissed criminal cases are simply due to a lack of resources. Prosecutors and district attorneys who are overloaded with cases may choose to dismiss cases involving minor offenses in order to prioritize other cases.

Contact a Frisco, Texas Criminal Defense Lawyer

If you or someone you care about is facing criminal charges in Texas, it is important to seek legal representation as soon as possible. The accomplished criminal defense attorneys at Law Offices of Biederman & Burleson P.L.L.C. have an outstanding record, including over 500 trial victories in DWI cases. We also provide skilled representation for people accused of drug crimes, weapon and firearm offenses, theft, assault, and manslaughter. Call our Collin County criminal defense attorneys today at 469-333-3333 and set up a free consultation to learn more.

Source:

https://statutes.capitol.texas.gov/Docs/CR/htm/CR.32.htm