There is a conception that a criminal case is tough to beat in the trial, but it is wrong. Almost 90% of the cases get dropped before even going to the trial room. And the rest of 5 to 10% of the cases have something to work on.
There are many reasons why a criminal case may appear weak in front of defense attorneys. It could be for less witness, lack of evidence, loss of proper witness, political pressures, or big guns involved, etc. Hiring an experienced lawyer will help you dismiss your case.
Contents
Here are the top 5 signs that a criminal case is weak, and the case can be solved easily. So keep reading.
Signs That a Criminal Case is Weak
Most of the cases get dropped before getting into the main process with an unofficial meeting with the clients. Some of the reasons are as follows:
Faulty Arrest
If the arrest needs to be legal, there should be proper cause and reasons for arresting the criminal. Police cannot just arrest someone out of their gut feelings. In court, it does not prove anybody guilty or innocent.
During arresting someone, the member of the law enforcement should base their case with reasonable trust and proof. For example, the police cannot arrest someone by just guessing.
If someone is mobbed and they identify someone but not see their face; but a dress or a cap or a hat, then the alleged can get away from it. Because it can easily be changed and there may be thousands of the same dress in the market. So, this could be acknowledged as a weak case.
Mistakes Make in The Criminal Complaint
When the case goes to trial, the defence attorney will try to find every loophole from the complaint file. That is why writing should be detailed and careful.
A single mistake in the date, name, address, or even in description, the case can fall apart. If you are in bad luck, they can even sue you for harassing them.
Lack of Insufficient Evidence
Sometimes on the hand of the prosecution, there is not enough evidence to prove someone guilty. It can be called a dead end. So, when the alleged is guilty and about to be presented in the court, the prosecutor needs to present enough evidence in front of the jury board.
After reviewing the evidence and the claim of the witnesses, the jury board will decide whether the case is strong and the alleged should be behind bars. Then the whole trial will go on.
Finally, the judge will give their verdict. Among these steps, the first condition is to have enough evidence against the alleged to present the case in the first hearing
Witnesses or Lost Evidence
Example of strong evidence is- fingerprints, DNA, snaps, eye-witness, etc. So, when a defendant is arrested, the law enforcement system and the prosecutor both need to have enough evidence. During the trial, the proof will be submitted to the jury board.
If the jury board feels like the evidence and witness against the alleged, the case can be dismissed. Sometimes if the prosecutor feels like the evidence is not enough, they try to dismiss the case before going to the trial with both of the party’s concerns.
Others
Sometimes the prosecutor dismisses the case even if the case is strong. In that case, if justice is served, the consequence will not be better. For example, if a minor is caught for small crimes like trespassing, and the defendant does not have any criminal history, then the prosecutor dismisses the case with just a warning.
Sometimes the attorneys dismiss the case to go any further for lacking evidence. In that case, they tend to overlook it without going to trials and solve it informally.
Essential Steps in Building a Criminal Case
When someone files a complaint against someone, firstly the police force investigates it for collecting evidence. If they think it is possible to be true, they follow through to the next procedure. After finding some of the evidence against the alleged, they press charges against the defendant.
Then initially, a hearing will be arranged, and investigation will be going on side by side. Then the other steps will be following ending in trial and verdict.
Let us introduce you to the steps to build a criminal case.
- Investigation
- Charge pressing
- Initial hearing before going to trial
- Discovery of the case
- Plea Bargaining
- Primary Hearing.
- Pre-Trial hearing and motions
- Trial and verdict
Conclusion
No case should be considered as a dead-end. Proper investigation and detective jobs can give justice to the victim. When a case is weak in terms of evidence and witness, it will get dismissed by the prosecutor or the jury board. So, the police need to work hard on the building of the case. Otherwise, in some cases, some victims may not get justice.
Frequently Asked Question
What is a weak criminal case?
One of the reasons or multiple of them can make a case weak- inadequate evidence, lack of witness or proper witness, political influence, etc. Even it may have all these elements together. However, a good attorney can eliminate or minimize the weakness of a case, which increases the strength to fight further for justice.
On what grounds can a criminal case be dismissed?
The court dismisses a case when there are the following findings regarding the defendant-
- The person did not violate any criminal law
- There is no concrete proof against the accused one
- There was any violation by the police during the investigation period
How do you convince a prosecutor to drop charges?
There are multiple points that your attorney needs to present, which is why the prosecutor may consider dropping the charge. All these points will suggest the accused person be guilty-free. These can be footage, crime scene evidence, confession of the convicted, who is not exactly the same person blamed for the charge.
What makes a strong criminal case?
The plaintiff’s attorney needs to be active from the very beginning of the case to make it strong. The prime field to cover at first is to prepare the documents and evidence. With that, the available witness will work as great support. And, at last, there should be a good presentation before the court. On the other hand, the defendant’s attorney must also focus on the important points of the case and reply to the charges logically. That also requires preparation.
