If you’re facing criminal charges in Tennessee, you might feel like the outcome is already decided. Fortunately, it is not. You might hope that the case will not move forward, and sometimes, that can happen.
So, can criminal charges be dismissed in Tennessee? The answer is sometimes yes. Criminal charges can be dismissed for a variety of legal reasons, ranging from lack of evidence to violations of your constitutional rights.
When you know what qualifies and how dismissals are pursued, that can help you understand your options.
What Does It Mean for Charges to Be Dismissed?
When criminal charges are dismissed, the case ends without a conviction. Sometimes, the dismissal may occur early in the process. However, it can happen at any time after motions, hearings, or negotiations with the prosecution.
Keep in mind that a dismissal is different from an acquittal. An acquittal happens after a trial when a judge or jury finds the defendant not guilty. On the other hand, a dismissal stops the case before it reaches that point.
What Are the Grounds for Dismissal?
There are several legal grounds for dismissing a criminal case in Tennessee. They may include:
Lack of Probable Cause
Law enforcement must have probable cause to make an arrest or pursue criminal charges. If an arrest was made without evidence to justify it, your defense attorney can challenge the probable cause. If the court agrees, the charges may be dismissed.
Illegal Search or Seizure
The Fourth Amendment protects you against unreasonable searches and seizures. If police obtained evidence through an unlawful search, such as a warrantless search, that evidence may be excluded.
When that happens, the prosecution may no longer have a viable case. In turn, that can lead to a dismissal.
Violation of Constitutional Rights
If law enforcement violated your constitutional rights, it could lead to a dismissal. This can include:
- Failing to read Miranda rights during a custodial interrogation
- Coercing a confession
- Denying the right to legal counsel
Any of these violations can seriously undermine the prosecution’s case, and they may decide not to move forward.
Insufficient Evidence
At trial, the state must prove every element of a crime beyond a reasonable doubt. If the prosecution lacks sufficient evidence, your attorney could argue that the case should not move forward. In some cases, the prosecutors may also voluntarily dismiss charges if they believe they cannot meet their burden of proof. This can happen in DUI cases where there are questions surrounding the field sobriety test.
Procedural Errors
All criminal cases must follow strict procedural rules. Missed deadlines, improper filings, or errors in charging documents can all create situations for dismissal. While not every mistake leads to a dismissed case, there are some errors that can justify ending the prosecution.
What Legal Strategies Are Used for a Dismissal?
If your legal team wants to move towards dismissal, they need a solid legal strategy. Your Nashville criminal defense attorney is not going to wait and hope the case falls apart. They are looking for weaknesses and opportunities to challenge the prosecution.
Pretrial Motions
One of the most common tools is the pretrial motion. Your lawyer can use a motion to suppress evidence, dismiss charges, or exclude certain testimony. If granted, they can severely impact the state’s case.
Negotiation with Prosecutors
Sometimes, dismissal comes through negotiation. Prosecutors may agree to dismiss charges in exchange for meeting certain conditions, such as completing a diversion program, paying restitution, or performing community service. This is usually the case for first-time or non-violent offenses.
Diversion Programs
Tennessee offers judicial and pretrial diversion programs for eligible defendants. These programs allow someone to avoid a conviction by meeting specific requirements over a set period. Once the program is successfully completed, the charges are dismissed. Many times, the person can also seek expungement.
Challenging Witness Credibility
If the prosecution’s case relies heavily on witness testimony, your defense attorney may investigate credibility issues, inconsistencies, or motivations to lie. When a key witness becomes unreliable, the prosecution’s case may collapse.
Get Legal Assistance for Your Criminal Case
Can criminal charges be dismissed in Tennessee? Yes, but you need a solid legal strategy. Dismissals do not happen by chance; they happen when you have an experienced legal team focused on the facts of your case.
If you or someone you love is facing criminal charges, Erik Herbert Law is ready to assist. When you contact us, we can help craft a defense strategy for your situation. Schedule a consultation today.
