Top Signs a Criminal Case is Weak

 

Midlothian, TX criminal defense attorney McCarty-Larson Discusses How to Spot a Weak Case

Midlothian, United States - September 28, 2022 /McCarty-Larson, PLLC/

Top Signs a Criminal Case is Weak

Being arrested is distressing, but it does not mean that the arrest will lead to a conviction, explains Midlothian, TX, criminal defense attorney McCarty-Larson. Very often, signs the case is weak are evident early in the process, and hiring an experienced criminal defense lawyer can help you get charges settled favorably. 

Signs of a Weak Criminal Case

Here are the top signs of a weak case that can lead to charges being dropped, dismissed, reduced, or settled favorably. 

Unlawful Arrest

A person cannot be arrested for a crime for no particular reason. Law enforcement must have probable cause that a person committed a crime for them to be arrested. Probable cause means having a sufficient reason to believe the crime has been committed by a particular person based on known facts. This reasonable belief must be made on observable facts and circumstances available to them. 

If law enforcement did not have probable cause for an arrest, a criminal defense lawyer might be able to help get charges dropped or work out other favorable results. 

A Lack of Evidence 

Criminal charges can be dropped if there is insufficient evidence. There may be several reasons for a lack of evidence. 

• Not enough evidence. In this case, prosecutors may feel that there is not enough evidence to show that a person violated a criminal law and gain a conviction. Evidence may include things such as DNA evidence, video footage, or physical evidence. 
• Exculpatory evidence. Throughout the investigation, prosecutors may also find evidence that undercuts the case against the accused. This is evidence that excuses or absolves the guilt of the defendant. This might include things such as -
• Evidence was illegally obtained. All evidence used in a criminal case must be lawfully discovered, seized, and offered into evidence. If the evidence is not legally obtained it is inadmissible in court. 

Lack of Witnesses

Witnesses play a very important role in building a case against a defendant. If there is a lack of witnesses to corroborate having seen a person commit a crime or to place them in the area of a crime, it can be an indication of a weak case. 

Mistakes in the Criminal Complaint

The criminal complaint sets forth the allegations against the accused and is supported by an affidavit of probable cause. This includes the date of the alleged offense, the conduct, and the criminal code violation. Mistakes in the process provide a basis for a criminal defense lawyer to seek a dismissal of charges. 

The Importance of a Skilled Criminal Defense Attorney 

For anyone facing criminal charges, it is important to find a skilled local defense attorney as soon as possible.  Here’s why:

• A local criminal defense attorney can identify weak criminal cases
• Having a skilled defense attorney can greatly improve the outcome of a case
• A skilled attorney will act fast to help provide a strong defense
• Private criminal defense attorneys have time to meet with clients, understand circumstances and invest in the case
• A local criminal defense attorney will have insights into local law enforcement and courts

Finding a Criminal Defense Attorney Near Me

Finding the best criminal defense lawyer in Midlothian TX depends on a few things. When you are looking for a skilled and qualified lawyer, look for these things:

• Experience in similar offenses 
• Conducts thorough investigation
• Exceptionally well versed in finding holes within the prosecutor's case
• Aggressive and a well-prepared defense
• Knowledge of law enforcement practices 

Every case is complex, unique, and life-changing. Ultimately, the right criminal defense lawyer is the one that is suitable for you and able to handle your case. Having extensive and multi-faceted knowledge of law enforcement, prosecution, and defense, McCarty-Larson aggressively defends its client’s rights and interests. For more information,   email contact@mccartylarson.com or contact the office at (972) 775-2100.