How Do I Get My Legal Case Dismissed in Texas?

How Can I Get My Case Dismissed?

The number one question on a person’s mind when they get charged with a crime is, “How can I get my case dismissed?” The answer is: Challenge something integral to the case…and win. There are a few things that can be challenged in a case, such as Probable Cause for a search warrant, traffic stop, or arrest. Be aware, not every case has facts that can be challenged, and just because you challenge probable cause does not mean the judge will agree with you.

What Is Probable Cause?

Probable Cause is a term most of us have heard, but probably don’t really understand. The reason probable cause is a hard concept to grasp is because there is not a black and white rule; Probable Cause is very flexible and subject to interpretation.

A reasonable basis for believing a crime may have been committed or when evidence of a crime is in the place to be searched. Words like “reasonable basis” and “believing” are terms that give a judge the flexibility to apply the probable cause standard to many different fact situations.

The thing we need to remember is that probable cause is based on the “Totality of the circumstances.” In other words, we can’t point to one single fact and expect a finding of no probable cause when the other 99 out of 100 facts indicate there was probable cause. The judge looks at the whole picture, not just one corner of the picture.

The Search Warrant Was Illegal, What Can I Do?

The criminal defense attorneys at Leo & Ognini will defend your rights against an illegal search or seizure. Under the 4th Amendment of the Constitution:

[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

This means that if there was no probable cause for the warrant, the warrant is illegal. If the search warrant was not correct or complete in its basis or justification, it is illegal. A criminal defense lawyer will know how to look at a search warrant affidavit for all the elements it should have. When we find problems in the search warrant based on probable cause or find the warrant lacking in completeness on its face, we will file a motion to suppress the search warrant and everything found in the search.

What Is A Motion to Suppress?

A motion to suppress is a formal motion to the court advising the court that you believe there is evidence that should not be considered in your case. Like the name says, you want the evidence to be suppressed or “thrown out” and not be used against you. One of the reasons to file a motion to suppress is when you believe there was no probable cause for a traffic stop, a search warrant, or an arrest.

We are protected by the 4th Amendment against illegal search and seizure. When an illegal search or seizure takes place, all the information and evidence gathered from that search cannot be used against you.

Is My Case Dismissed If I Win My Motion to Suppress?

Usually yes, but possibly no. If the motion to suppress was for suppressing a critical or “dispositive” fact, when the motion to suppress is successful the case will be dismissed. However, if the evidence you are trying to suppress is not dispositive, the case may continue. For example:

1. You are charged with possession of a controlled substance (Cocaine) that was found after being pulled over in a traffic stop. If you can show, in a motion to suppress, that the traffic stop was not based on any probable cause, everything found after you were stopped will not be able to be used against you. The cocaine was found as a result of an illegal search because the traffic stop was not legal; You win and charges will be dropped
2. You are charged with murder and you are trying to suppress evidence of a theft that occurred during the murder. Even if you are successful in suppressing the theft, the murder will not be dropped. The murder charge is not dependent on the theft.

What Happens at A Motion to Suppress Hearing?

A motion to suppress hearing looks and feels a lot like a trial. Police officers and other necessary witnesses are called to testify on the witness stand. The witnesses are questioned by the prosecutor and cross examined by defense attorneys. Both sides present their evidence and the Judge makes a decision at the end. The judge will decide whether the motion to suppress will be granted or denied.

What Is A Dispositive Motion?

A dispositive motion to suppress means that the issue being challenged in the motion is the only real issue in the case. In other words, the prosecutor can prove their case beyond a reasonable doubt IF you lose the motion to suppress hearing. In that case, like in example 1 above, if you win the hearing the State will drop the charges. However, if you lose a dispositive motion to suppress hearing, you will be best advised to take the best plea deal you can get.

If you or a loved one has been arrested based on a search warrant of your home, vehicle, or person, contact us at www.helpishere.law/contact-us or just give us a call at (713) 280-3204. Let the Criminal Defense Attorneys at Leo & Oginni Trial Lawyers evaluate your case and look for problems with the warrant! We will let you know how we can help and guide you through the process of defending your rights.