I Need a Lawyer to Have My Case Dismissed
Updated: Oct 12
There seems to be a misnomer embedding itself into the American Lexicon. It goes something like this:
"I've found myself facing criminal charges. I have a good case. The officer has it out for me and searched my car without a warrant. I need an attorney to get my case dismissed."
This is obviously some hyperbole. But oddly, not that much. We must dispel the idea that one needs to hire a private attorney that will guarantee a dismissal of one's case.
Tempering client expectations through honesty and straightforwardness is something all of us should strive to accomplish and ideally should be the cornerstone of our profession. Especially when someone's hard-earned money and freedom is at stake.
In keeping with that, understand, a Grand Jury isn't likely to dismiss your case. A judge isn't likely to dismiss your case. A Prosecutor isn't likely to dismiss your case. Finally, a victim having a change of heart, deciding they don't want to "press charges" isn't likely to dismiss your case. Dismissal is obviously the best-possible outcome, aside from a not-guilty verdict and it is always at the forefront of any good defense. However, the stars must align. Generally, weak evidence and a competent attorney are required to get a dismissal of charges.
What you want is a lawyer who can be frank and honest about if and when a dismissal is appropriate. No one wants to waste your valuable time when you're facing what is likely to be the most stressful event in your life.