A criminal conviction in New York can mean prison time, heavy fines, and other serious penalties. That’s why it is critical for anyone who has been formally charged with a crime in NY to have a qualified criminal defense lawyer on their side. Moreover, it is important for a criminal defendant to secure the representation of a criminal attorney very early in the legal process because there are a number of ways to beat criminal charges and win the case.

The truth is that most criminal cases in NY do not actually wind up going to trial. The majority of criminal defendants reach some sort of plea agreement, or get their charges dismissed, before their case reaches the trial stage. This matters a great deal because it allows the defendant to avoid the time and expense associated with a lengthy trial, as well as minimize the potential penalties. Beyond that, when the charges are dismissed, the defendant avoids criminal penalties altogether and keeps their permanent record clear of a criminal conviction.

Getting Your Criminal Charges Dismissed in NY

The legal process is extremely complex and involves complicated pretrial motions that will need to be filed before a case can be officially dismissed. Additionally, there are several strategies that a skilled criminal defense lawyer can utilize to get the charges against a defendant dismissed prior to trial.

Here are a few ways that your criminal case could get dismissed in New York:

Evidence Was Illegally Obtained

This is one of the most common ways to get criminal charges dismissed before trial. When the police placed you under arrest, it’s possible that they conducted a search of your person, your vehicle, or your premises. However, if the police lacked probable cause to conduct the search in the first place, then any evidence of a crime that they found may be ruled inadmissible in court. Prosecutors who realize that they won’t be able to rely on vital evidence at trial often decide that they have no choice but to drop the criminal charges. That’s why you need a knowledgeable attorney who understands the rules of evidence in NY and who knows how to file timely motions to exclude evidence in your case.

Prosecution Has Violated Defendant’s Right to a Speedy Trial

The Sixth Amendment of the U.S. Constitution affords criminal defendants with the right to a speedy trial. If the prosecution brings charges against you but then fails to bring your case to trial within a reasonable amount of time, a skilled lawyer may be able to file a motion to dismiss your case.

Statute of Limitations Has Expired

With the exceptions of murder and rape, most crimes in New York have a statute of limitations. This means that prosecutors must formally file criminal charges within a certain period of time after the crime was committed. If too much time elapsed since the alleged criminal activity, the charges against you may have been filed too late.

 

If you were arrested and charged with a criminal offense in New York, a qualified criminal defense attorney may be able to help you get the charges dismissed. The experienced criminal defense lawyers at the LaDuca Law Firm will look over your case and help you explore all your available legal options. Contact us today to schedule a free consultation at our office in Rochester, NY.