How Do I Get My Case Dismissed?

People often want to know how to get their criminal or traffic case dismissed. In a civil case there are summary judgment motions that can be filed to test the strength of the opposite parties' case and can result in a dismissal of some part or the whole case. In a criminal case there is no similar proceeding until the actual trial. However, parts of a criminal case may be challenged by way of a suppression motion.

A suppression motion seeks to have certain evidence prohibited from being admitted or considered by a judge or jury at a later trial. Suppression motions can challenge:

  • Law enforcement's stopping of a vehicle
  • Law enforcement's entry to a home
  • Law enforcement's reason for stopping a person on the street
  • Law enforcement's search of a vehicle, purse, home, phone or other personal effects
  • Statements made by the accused
  • The administration and/or interpretation of sobriety tests
  • Breath, blood, or urine tests in an OVI/DUI case
  • Drug test results
  • Handwriting comparisons
  • DNA tests
  • Confidential Informant reports

This is by no means an exhaustive list.

Once a suppression motion is filed by the defense, the burden is on the State to prove to the court by competent credible evidence that the evidentiary issue sought to be suppressed was lawfully obtained. If enough of the State's case is suppressed by the court, the prosecutor may not be able to proceed to trial, which can result in a dismissal or better plea bargain.

It is important to review every facet of each case to find out if there is a critical suppressible issue in the case. To have your case reviewed for a suppressible issue, contact Mike Streng at the law offices of Cannizzaro, Bridges, Jillisky and Streng, LLC.

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