How to Get Criminal Charges Dismissed in Ohio

When arrested for committing a crime, many individuals may believe that their lives are over. Being arrested and convicted of a crime can have a detrimental impact on anyone’s life, as it can prevent an individual from obtaining loans, receiving financial assistance, furthering their education, and much more. Therefore, when individuals face conviction for the crime they have committed, their biggest hope is for their charges to be dismissed. Oftentimes, the penalties associated with criminal offenses could require an individual to put themselves and their families in a financially risky situation, take them away from their families for extended periods of time, or even keep them from being able to hold a job. 

Many people do not know what to do following their arrest. Many believe that once they have been arrested for a crime, there is no way to get out of the charge. However, with the help of an experienced and dedicated Ohio criminal defense lawyer, charged individuals will be able to build a solid defense against their criminal charges. An Ohio criminal defense lawyer’s number one priority is to seek evidence that proves the criminal charges in Ohio against their client should be dismissed. This is their top priority, as it will circumvent any further court proceedings such as a trial. To learn more about how a charged individual may be able to have their charges dismissed, contact an Ohio criminal defense attorney today! 

What Does It Mean To Have Charges Dismissed?

In certain ways, having charges dismissed and dropped can refer to the same thing. This is mainly due to the fact that each of these determinations results in the defendant not being convicted. However, dismissals are only applicable after charges have been filed, whereas a charge can be dropped before or after it is filed. Essentially, in order for charges to be dismissed, they must first be dropped. Meaning the judge or jury never adjudicated the defendant’s charges. 

Many times, individuals mistake a “not guilty” verdict for a dismissal. However, these two things are completely different from one another. Dismissals simply mean that the criminal case has been terminated, whereas a “not guilty” verdict means that evidence has been presented and a judge or jury has deemed the defendant to be not liable for or guilty of a crime. 

Criminal background checks may show a record of the arrest, however, it will state that the charges were dismissed. In most criminal cases, the charges are dismissed, or the defendant is allowed to enter a pretrial diversion program or enter into a plea agreement with the prosecutor. However, it’s important to note that if a defendant pleads guilty or accepts a plea agreement, it will be reflected on a criminal record, rather than stating the case was dismissed. Having a dismissal on a record is the only way to verify and prove that an individual was arrested, but the charges were later dropped. 

Who Has The Ability To Drop Charges?

Mainly, charges are dropped by the prosecutor assigned to the case. Prosecutors can dismiss charges for a variety of reasons, and oftentimes this occurs because a victim or witness refuses to cooperate. In instances where the court has found that the prosecutor has made a fundamental legal error. The most common reasons that prosecutors or courts will dismiss charges can be:

• Insufficient evidence

• Fourth Amendment violations

• Procedural issues

• Lack of resources

• Unwillingness to cooperate on behalf of witnesses or victims

Common Ways To Have Criminal Charges Dismissed

Prosecutors have the ability to drop charges on any criminal case assigned to them. Below are some of the most common and successful reasons why defendants and their Ohio criminal defense attorneys have been able to obtain a dismissal of charges.

No Probable Cause

In order for police to assume that an individual has committed a crime and to make a lawful arrest, they must first have probable cause to do so. Probable cause extends beyond a law enforcement officer simply having a suspicious feeling about an individual. They must obtain objective facts in order to reach a reasonable assumption that the individual has committed a criminal offense. Common examples of probable cause can include:

• Obtaining information from an informant regarding possible criminal activity

• Taking into account circumstantial, or indirect evidence that suggests criminal activity

• Detecting criminal activity through the use of senses

• Determining a person’s guilt through an expert

Illegal Search & Seizure 

US citizens are protected under the constitution from illegal searches of a person, property, or home. Technically, law enforcement must provide a search warrant in addition to probable cause in order to conduct a search of an individual’s person, property, or home. When police illegally search or seize any evidence, any evidence collected must be thrown out. 

In most cases, when collected evidence is thrown out of court, there is no further evidence to prove without a doubt that the defendant committed the crime. Therefore, in most situations, the charges and case will be dismissed. 

Civil Rights Violations

Citizens, immigrants, and even undocumented immigrants or foreign travelers are provided civil rights in the United States. The United States Constitution, as well as the Constitution of the State, provide certain unalienable rights that cannot be violated by police officers. If a police officer abuses their power or goes beyond the limits of their authority to deprive an individual of their civil rights, they are committing an offense referred to as police misconduct. 

When a law enforcement officer violates an individual’s civil rights, the court has the opportunity to sanction that law enforcement officer for violation of civil rights. Civil rights that cannot be violated in any way shape or form can include:

• The right to not incriminate oneself

• The right to be free from unlawful search and seizure 

• The right to know and question the witnesses the prosecution has against the defendant

• The right to view the evidence the state has against the defendant

• The right to obtain and benefit from legal counsel during any interrogations or questioning

In the event that a law enforcement officer has violated an individual’s civil rights, the judge or court will be required to exclude any evidence from the trial. Therefore, without any hard evidence, the prosecutor may be forced to dismiss criminal charges in Ohio.