At O’Brien & Eggleston PLLC, our Albany criminal defense attorneys review each of our New York client’s unique cases to determine whether there are any potentially significant soft spots in the prosecution’s case. This means examining each detail of the crime they have been accused of, the arrest process, and the evidence collected to support the charges.

For our Albany County defense lawyers, that means leaving no detail to chance. Our goal is to provide the best outcome for each person we represent. In some cases, that means getting their charges dismissed before they see the inside of a courtroom.

Here, we discuss why criminal charges can be dismissed for various reasons depending on the specific circumstances of each case.

Why are New York Criminal Charges Dismissed?

Criminal Charges

While numerous factors can influence the outcome of a criminal case, some of the most common reasons criminal charges may be dismissed in New York may include, but are not limited to:

  • Insufficient Evidence

The charges may be dismissed if the prosecution cannot present enough evidence to establish the defendant’s guilt beyond a reasonable doubt. This can happen if crucial witnesses are unavailable or significant evidentiary issues exist.

  • Fourth Amendment Violations

Evidence obtained through an illegal search and seizure in violation of the defendant’s Fourth Amendment rights may be suppressed. If a case relies heavily on this evidence, it may be dismissed.

  • Miranda Warning Violation

If law enforcement fails to read a suspect their Miranda Rights when required, statements made by the suspect may be inadmissible in court, potentially leading to dismissal.

  • Chain of Custody Issues

Evidence that cannot be adequately accounted for and documented in its handling from collection to its presentation in court may be deemed unreliable and dismissed.

  • Unavailable Witnesses or Witness Credibility Problems

If a critical witness essential to the case becomes unavailable due to death, illness, or refusal to testify, the prosecution may be unable to proceed, leading to dismissal. In addition, if crucial witnesses are found unreliable, or their credibility is seriously challenged during cross-examination, it can weaken the prosecution’s case and lead to dismissal.

Likewise, If the victim of a crime is unwilling to cooperate with the prosecution, it can make it difficult to proceed with the case, potentially resulting in dismissal.

  • Prosecutorial Misconduct

If the prosecutor engages in misconduct, including withholding exculpatory evidence, making prejudicial statements, or engaging in unethical behavior, it can result in a case being dismissed.

  • Statute of Limitations

If the charges are filed after the expiration of the statute of limitations for the offense, the case may be dismissed. The statute of limitations varies depending on the type of crime.

  • Double Jeopardy

The Fifth Amendment to the U.S. Constitution prohibits charging a defendant twice for the same offense. If it is determined that a defendant is being tried for the same crime twice, the charges may be dismissed.

  • Agreements and Plea Bargains

Sometimes, charges are dismissed as part of a negotiated plea agreement between the prosecution and the defendant. The more serious charges may be dropped in exchange for cooperation or a guilty plea to lesser charges.

Have You Been Arrested for a Crime in New York? We Can Help.

It is important to note that each case is unique, and the outcome can depend on various factors, including the strength of the evidence, the skills of the defense attorney, and the specific legal arguments presented.

Our priority is to prove that you deserve an outcome that supports your future, and we have a strong track record of doing so for our clients. Don’t give up your rights without a fight. Contact our Albany violent crime defense attorneys at O’Brien & Eggleston PLLC today by calling (518)-391-2369 or contacting us online to schedule your initial appointment.

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