With the long sentences, heavy fines, and implications of a criminal record, there is a lot at stake when facing criminal charges. When preparing for a criminal trial, you are likely wondering how to get a criminal case dismissed in Orange County.

Dismissal can prevent many of the negative consequences of a criminal conviction and allow you to move on after your charges. However, it can be legally complex to achieve, especially without an experienced criminal defense lawyer, like the one at The Law Offices of Jacqueline Goodman.

Understanding Criminal Charges in Orange County

Facing criminal charges can be one of the most frightening and stressful events you can face. In 2024, there were 261,400 felony arrests and 548,538 misdemeanor arrests in California, leaving many people worried about the impact of criminal charges. The Orange County Superior Court is where most criminal charges are tried in the area.

Penalties for criminal charges can be life-changing. Having a criminal conviction leaves a permanent criminal record that can impact many areas of your life, even beyond any court-ordered penalties. A criminal conviction can impact child custody, employment, educational opportunities, immigration status, and even housing. California’s Penal Code outlines many penalties, but a judge makes the final decision for each case. Penalties can include:

• Time in jail or prison
• Fines
• Probation
• Community service
• Participating in a rehabilitation or reeducation program
• Driver’s license suspension

Strategies Used to Dismiss a Criminal Case

Many strategies can lead to dismissal. An experienced criminal defense lawyer can identify which is most appropriate in your case. Some strategies are:

Filing a Motion to Suppress

Your lawyer can file this motion before the trial to request that specific evidence be excluded, usually because it was illegally collected. For example, your lawyer could argue that the police violated your constitutional rights during an illegal traffic stop, so evidence found during the stop should be excluded. If key evidence cannot be used in court, the prosecution may not have sufficient evidence to prove your charges, resulting in dismissal.

Challenging Whether the Prosecution Has Sufficient Evidence

The prosecution’s evidence must be sufficient to prove guilt beyond a reasonable doubt. Your lawyer can analyze their evidence for weaknesses and argue that there is not enough to prove your guilt. This can happen in a pretrial motion or during the trial, and insufficient evidence often leads to a case being dismissed.

Presenting Exculpatory Evidence

This can prove that you are not guilty of your charges. Exculpatory evidence is evidence that proves your innocence, and it could include an alibi or DNA evidence. Your lawyer can investigate to collect this type of evidence when available. If the evidence is sufficient to prove that you did not or could not have committed the crimes you are charged with, the court may dismiss the case.

Participating in a Pretrial Diversion Program

These programs could include drug, mental health, or military and veteran diversions. This option may be used for non-violent misdemeanor offenses in Orange County. In a pretrial diversion program, court proceedings are delayed until the courses are completed. Upon finishing the program, your case is dismissed, resulting in no criminal conviction.

Why Hire a Criminal Defense Lawyer?

An experienced Orange County criminal defense attorney is a valuable asset if you are facing criminal charges. They can protect your rights during the investigation and trial, and they can identify grounds for dismissing your criminal defense case. A lawyer can achieve dismissal through their:

• Knowledge of California’s Penal Code and criminal defense laws
• Ability to scrutinize evidence against you
• Ability to file motions, such as for suppression of evidence or dismissal
• Ability to collect exculpatory evidence
• Advocacy on your behalf
• Ability to identify police misconduct and illegally obtained evidence

FAQs

For What Reasons Can Evidence Be Excluded From a Trial?

There are many reasons why evidence can be excluded from a trial. Violating your constitutional rights can lead to illegally obtained evidence, such as:

• A coerced confession
• Mishandling of evidence by law enforcement
• Unlawful search and seizure

Some evidence may be excluded if it was improperly analyzed or deemed faulty, such as misadministered chemical testing or mishandled DNA evidence. A lawyer can identify this evidence and file a motion to suppress it.

How Does the Fourth Amendment Affect Evidence Collection During an Investigation?

The Fourth Amendment protects your right against unreasonable searches and seizures, placing limitations on law enforcement during an investigation. Searches require probable cause, and many require a warrant. Additionally, the Fourth Amendment includes an exclusionary rule stating that evidence found during an unlawful search or seizure can’t be used in court. When arrested, you should hire a criminal defense lawyer who can protect these rights.

Who Decides If a Case Is Dismissed in California?

According to California’s criminal defense laws, a judge will make the final decision on whether a case is dismissed. To initiate dismissal, an Orange County criminal defense attorney can file a motion to dismiss, or the prosecutor can request dismissal. A judge can analyze the reasons for a dismissal, whether it be for insufficient evidence, evidence proving innocence, or another reason, and make the final decision.

Will You Have a Criminal Record If Your Case Is Dismissed?

Yes, the arrest and court record are visible on your record, but you will not have a criminal conviction if your case is dismissed. Avoiding having a conviction on your record limits many of the negative consequences of a criminal record, but it is possible to remove the arrest as well. If you are eligible, a lawyer can help you file a petition for sealing, which would hide it from public view, employers, and landlords.

Learn How The Law Offices of Jacqueline Goodman Can Help

The Law Offices of Jacqueline Goodman is renowned for its aggressive defense strategy and record of success in criminal defense cases. Jacqueline Goodman is a Certified Criminal Law Specialist who has been defending against charges for over 20 years. She is passionate about fighting for second chances and alternative sentencing options. She has achieved successful outcomes in numerous high-profile cases.

If you are worried about the impacts of a criminal conviction, getting a criminal defense case dismissed can be one of the ideal ways to mitigate the negative consequences. Contact The Law Offices of Jacqueline Goodman to learn how skilled legal representation can protect your future against harsh criminal penalties.