Criminal Charges In Denton – Will They Be Dismissed?
Facing criminal charges and the possibility of an ongoing investigation can cause severe stress. The temptation of taking a plea deal to shorten the whole ordeal can look very attractive. However, it’s not your only option to avoid a lengthy trial or conviction. If you have an experienced criminal defense attorney who knows the local court system you are facing, there are many ways they could seek to have the case dismissed on your behalf. These include:
Lack of Evidence
A criminal defense attorney familiar with your court system will know the DA prosecuting your case and likely have an existing relationship they can leverage to help the DA understand there is not enough evidence to warrant pursuing a conviction. An attorney can review the evidence and police reports with the DA in a way you cannot.
A key aspect of how the justice system in the US and Texas specifically works is that the prosecutors and police officers involved in a criminal case must follow procedure correctly. However, this is not always what happens. In the event prosecutors or officers of law fail to follow the proper procedure while gathering evidence or building a case against you, an experienced criminal defense attorney can argue your rights were violated. This can result in having the case dismissed.
Violations of the 4th Amendment
The US Constitution has several amendments designed to protect the rights of individuals from state and federal governments. One of those is the 4th Amendments protection against illegal searches and seizures by the government or law enforcement. This means that any evidence obtained to be used against you in your case that violates the language of this amendment must be excluded from use.
A good example of this would be evidence that was gathered from you or your property without your consent or the presence of a search warrant. If the only evidence in your case was obtained by violating the 4th Amendment, then not only will the evidence be barred from usage in the trial, but the case itself will be dismissed due to lack of evidence.
Quality Legal Representation in Denton Texas
Daniel K Peugh is a criminal attorney with over 20 years of successfully arguing cases in front of judges in Texas. Daniel has experience defending criminal charges of all kinds, including misdemeanors and complex felony cases. He may even be able to get your case dismissed or resolved without ever going to trial.
If you have questions about the criminal charges that you or a family member are facing in Denton or the North Texas area, click on the link or give us a call at 940-566-0271 to set up a free consultation today!