When facing criminal charges, one of the most reassuring things to hear is, “Case dismissed.” Having your criminal case dismissed before trial is an optimal outcome, but understanding how to achieve it can feel overwhelming. It is crucial to be aware of your options, particularly in getting your criminal charges dismissed, as you navigate this challenging period. At the Law Offices of Jonathan Minkus, we are dedicated to providing effective defense strategies to help you regain your freedom and secure your future. Count on us to navigate this intricate process with skill and diligence. Contact us for a consultation where you can learn more about dismissing your case in Illinois.
Understanding Case Dismissal
A dismissal is when a criminal case gets terminated without a finding of guilt or conviction. This termination could occur at any stage during the process, including before and during the trial. It signals the end of legal action and implies that the state won’t proceed with the prosecution for now.
The dismissal power rests solely with the prosecuting attorney and the judge. The prosecutor, who filed the charge, can dismiss it if they believe the circumstances warrant it. A judge can also dismiss a case if there’s no legal basis for the charge, if the defendant’s rights have been violated or if the state has failed to prove its case.
Reasons for Case Dismissal
Several factors could support a cause for a case dismissal. These reasons, which a skilled defense attorney can identify, include:
- The expiration of the statute of limitations.
- Violation of the defendant’s constitutional right to a speedy trial.
- Prosecutorial misconduct.
- New information is revealed through scientific analysis, such as DNA test results.
- The defendant agreed to work with the government in exchange for a dismissal.
- Violation of the double jeopardy clause.
The Role of a Motion to Dismiss
A Motion to Dismiss is a request for a judge to dismiss the plaintiff’s case. This motion is often filed by the defendant right after the plaintiff serves the defendant with the complaint. Many of the reasons for dismissing a case may only be argued at the beginning of the case before the defendant answers the complaint or files any other motion.
The reasons to file a Motion to Dismiss can include lack of jurisdiction, lack of legal capacity of the plaintiff or defendant, another case pending between the same parties for the same thing, or the passing of the statute of limitations.
Why Legal Representation Matters
Getting a criminal charge dismissed in Illinois is a complex process that requires a deep understanding of the law and a strategic approach. It’s crucial to have a seasoned attorney on your side who can navigate this process effectively.
At the Law Offices of Jonathan Minkus, we are dedicated to protecting your constitutional rights through every stage of your case. With 33 years of experience in defending all types of misdemeanor and felony charges, we offer effective defense strategy, negotiation, and litigation. Contact us today to discuss your case.
