If you are arrested and you have passed through the arraignment process, the next process that you can face is preliminary hearing. A lot of things can happen at this stage. It can either hurt or greatly help your case. If you are going to a preliminary hearing, you may be wondering if there is a chance of your charges to be dropped.
Can Charges Be Dropped at a Preliminary Hearing?
If you are wondering if charges can be dropped at a preliminary hearing, the answer to the question is yes. It is possible for the charges to be dropped at a preliminary hearing. On the day of the preliminary hearing, the judge will likely issue a decision about any preliminary motions to drop the charges. If those motions are successful, it is possible for your charges to be dropped at the preliminary hearing.
About Preliminary Hearing
Once you are getting arrested and declaring a “not guilty” plea, the next that you have to follow is to proceed with a thing known as preliminary hearing. It is counted as one of the most important parts of your case. This one should happen within 3 to 10 days of your arraignment. During the preliminary hearing, it is a must for the state to prove that a crime took place and that you were the one that is the culprit.
It is important for you to understand the value of the process because if you do not, cases can be resolved at these hearings. In fact, only 5% of cases actually go to the actual trial. The rest of the cases only end in a preliminary settlement.
The preliminary hearing is the kind of hearing that protects the rights of the accused. Usually, prosecutors count on the defendants to let go of the right to a preliminary hearing in order for the bail to be reduced or for the other benefits to be gained. It is worth noting that these prosecutors do not have your best interests in mind. In most cases, it is not the best strategy. Try your best to get a criminal defense attorney that can advise you on the best thing.
Types of Dismissal at a Preliminary Hearing
Apparently, it is possible for the charges to be dropped at a preliminary hearing. In the term of case dismissal, there are two kinds of this kind of thing. The first one is voluntary and the second one is involuntary.
If the charges are voluntarily dropped, it means that the dismissal was proposed by the prosecuting counsel. It is possible for this to happen if material evidence is being excluded or suppressed and they no longer have enough evidence to support your charges. To suppress evidence, your attorney may file a motion with this goal in mind.
In contrast, in the case of involuntary dismissal, the defense is the one that is looking for dismissal, which is then granted by a judge acting against the wishes of the prosecution. To be able to drop the charges involuntarily, it will be needed for the defense to file a certain penal code. Talking about the penal code, it should be the one that asks the court to set aside the criminal complaint filed by the government and drop all or part of the charges.
The Time a Case Dropped Appropriate
The charges can be dropped if one or more parties believe that these charges have been filed unjustly. There are a few examples for which this may be the case. Check out some possible reasons for dismissal below:
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- Lack of probable cause for arrest
It is only possible for the police officer to arrest you if they have the right cause to do so. If your attorney can provide the proof that they have no proper reason to suspect illegal activity or to arrest you, a motion to dismiss might be perfect. - Illegal stop or search
The charges can be stopped if you believe that you were illegally stopped by a law enforcement officer for a reason that is not a suspicion of crime. - Failure to read Miranda Rights
It is a must for the police officers to read you as the offender of their Miranda Rights. If they do not read these rights, any statements that they state are considered invalid and the charges can be dropped. - Insufficient evidence
It is a must for the prosecutor to come out with the evidence that they plan to use in trial before a case can go to trial. The kind of evidence that they have to bring has to be objective and factual. If the court thinks that it is insufficient and is not enough to build a case, the charges can be dropped. - Unavailable witness
In some cases, it may be hard for the prosecuting attorney to produce witnesses to take the stand. In this case, the prosecution might not have enough evidence in order to prove guilt and it may be needed for them to drop the charges altogether.
- Lack of probable cause for arrest
Best Criminal Defense Attorneys to Work to Get Charges Dropped
If you want your charges to be dropped at a Preliminary Hearing, you have to choose the right criminal defense attorney. There are several criminal defense attorneys that you can consider. One of them is an attorney named Aaron Spolin. For those who have no idea who Aaron Spolin is, he is an attorney at Spolin Law P.C. The company itself is an award- winning California criminal defense company. Aaron Spolin and his team of legal professionals at Spolin Law P.C. are known to always work hard to get the charges of their clients dropped. Dropping the charges that their clients have is one of their main goals. They usually do it by evaluating all the evidence, attacking the arguments of the prosecutor, using the evidence of the prosecutor against the case, and filing effective legal motions to drop and to suppress evidence. It is guaranteed that they will do everything possible to get you the best result in your case. If you are interested in hiring attorney Aaron Spolin and his team of legal professionals, you can call Spolin Law P.C. at (310) 455-8974.
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