How to Get a Criminal Case Dismissed in Florida

Introduction

Being charged with a crime does not automatically mean a conviction. Many criminal cases in Florida can be dismissed before trial if there are legal or procedural issues that weaken the prosecution’s case. Understanding the reasons a case may be dismissed and how a defense attorney can help is crucial for anyone facing criminal charges.

This guide explains the legal grounds for dismissing a criminal case in Florida and the steps a defendant can take to improve their chances of dismissal.

Common Reasons for Case Dismissal

There are several ways a criminal case can be dismissed, depending on the facts of the case and legal arguments presented by the defense.

Lack of Probable Cause

For an arrest to be legal, law enforcement must have probable cause to believe that a crime was committed. If the police arrested someone without sufficient evidence, the case may be dismissed.

Insufficient Evidence

The prosecution must prove guilt beyond a reasonable doubt. If there is not enough credible evidence, or if key witnesses refuse to testify, the charges may be dropped.

Illegal Search and Seizure

The Fourth Amendment protects individuals from unlawful searches and seizures. If police obtained evidence without a valid search warrant or probable cause, that evidence may be excluded, weakening the prosecution’s case.

Violation of Miranda Rights

If a suspect was not read their Miranda rights before a custodial interrogation, any statements they made may be inadmissible in court. This can lead to a case dismissal if the confession was a key piece of evidence.

Prosecutorial Misconduct

If the prosecution engages in misconduct, such as withholding evidence or using improper legal tactics, the defense may argue for a dismissal.

Failure to Prosecute

If the prosecution delays the case without valid reason, the court may dismiss it under the defendant’s right to a speedy trial. In Florida, misdemeanor cases must go to trial within 90 days, and felony cases must proceed within 175 daysunless extended by legal motions.

Defective or Incorrect Charging Documents

The state must file proper legal documents that clearly outline the charges. If there are errors in these documents, the defense may challenge their validity, potentially leading to a dismissal.

Entrapment

If law enforcement officers induced or pressured the defendant into committing a crime they otherwise would not have committed, an entrapment defense may apply. If successful, the charges could be dismissed.

How to Request a Case Dismissal

Dismissing a criminal case requires filing the proper legal motions and presenting strong legal arguments. The most common ways to request a dismissal include:

Filing a Motion to Dismiss

A criminal defense attorney can file a motion to dismiss with the court, outlining the reasons why the case should not proceed. Common motions include:

• Motion to dismiss for lack of probable cause
• Motion to suppress evidence due to illegal search and seizure
• Motion to dismiss due to violation of constitutional rights

Negotiating with the Prosecutor

In some cases, the defense attorney can negotiate with the prosecutor to have the charges dropped before trial. This is more likely in cases where:

• The evidence is weak
• The defendant has no prior criminal record
• The alleged crime was minor or non-violent

Participating in a Pretrial Diversion Program

For certain first-time offenders or non-violent offenses, Florida offers pretrial diversion programs. These programs may include:

• Completing community service
• Attending counseling or educational courses
• Avoiding further legal trouble for a specific period

If the defendant successfully completes the program, the charges may be dismissed.

What to Do If You Want Your Case Dismissed

If you are facing criminal charges and believe your case should be dismissed, take the following steps:

• Do not speak to law enforcement or prosecutors without an attorney.
• Gather all evidence that supports your defense, such as video footage, witness statements, or documents.
• Hire a criminal defense attorney to analyze your case and determine if a dismissal is possible.
• Attend all court hearings and follow legal advice to avoid making mistakes that could harm your case.

How a Criminal Defense Attorney Can Help

A defense attorney can:

• Identify legal grounds for dismissal and file the necessary motions.
• Challenge the prosecution’s evidence and witness testimony.
• Negotiate with the prosecutor to drop or reduce charges.
• Advocate for pretrial diversion programs or alternative sentencing options.

At Bonderud Law, we have successfully helped clients get charges dismissed through strategic legal defenses. If you or a loved one is facing criminal charges, contact us today for a consultation.

Conclusion

Criminal cases in Florida can be dismissed for many reasons, including lack of evidence, improper police procedures, and constitutional violations. Knowing your rights and working with an experienced defense attorney can significantly increase your chances of having charges dropped.

If you or someone you know is facing criminal charges, seeking legal representation as soon as possible is the best way to protect your rights and work toward case dismissal.