Below is a detailed review of how a defense attorney gets a case dismissed. It’s based on a video by Jamal Kersey, a criminal defense and immigration attorney in Santiago.
When a defendant is charged with an offense, it is the duty of the prosecutors to prove beyond any reasonable doubt that the defendant is guilty. They review the evidence given to them by the law enforcement agencies who filed the complaint against the defendant. The defense attorney, in working with the client, reviews the evidence laid against them to prove that the defendant is innocent of the alleged crime committed.
During this evaluation stage, there are several things your attorney can do to get your case dismissed.
The most common way is making a motion to suppress evidence found during an illegally conducted search and seizure of your person or property (like taking drugs from an illegal search and putting them into “evidence”).
Also, there’s no way to confirm that your client committed the crime charged without proper identification if there are identification issues.
If there are technicalities about how they obtained evidence, they will argue against the court’s ability to use the evidence.
Witness credibility. The prosecution’s case depends on the testimony of witnesses, and if your attorney can prove any inconsistencies, it will weaken the prosecutor’s case.
Even though your case may seem similar to others in the past, you need an experienced drug defense attorney who will take the time to look over each little detail and make sure that future cases are not decided by mistakes in your case.
