Getting hit with armed robbery charges can be scary. However, it is not the end of the world. Many people who are accused of crimes involving robbery can get their armed robbery charges dropped. There are various circumstances that would allow for this to occur. An experienced robbery attorney will consider these circumstances to best service his or her client, you.
5 Grounds for the Dismissal of Armed Robbery Charges
1. Lack of Evidence
The burden of proof is on the prosecutor. This means that they have to prove beyond a reasonable doubt that the defendant committed the crime. If they can’t, then the armed robbery charges must be dropped. If the case has already gone to trial, then it is the judge’s responsibility to drop the charges for lack of evidence. This usually happens after the defendant’s lawyer files a motion to dismiss the charges. However, prosecutors also dismiss the charges themselves sometimes. This happens if the prosecutor doesn’t have enough evidence to go to trial in the first place.
2. No-Show Witness
Sometimes, a key witness for the prosecution will be unavailable to testify. This may result in the prosecution not having enough evidence to prove the charges brought against the defendant. The prosecution may drop the charges on their own if this happens, or the defendant’s criminal law attorney may file a motion to dismiss.
3. Not Enough Probable Cause for Arrest
A police officer can’t make an arrest based on their instincts. There needs to be evidence that the person committed the crime for the arrest to take place. Of course, there doesn’t need to be enough evidence yet to get a conviction in court, but anyone detained on a guess has grounds for dismissal of their charges. There needs to be at least some circumstantial evidence to justify the cause.
4. Improperly Filed Paperwork
These days, there is lots of paperwork that goes into making an arrest and pursuing a case. If some of this paperwork is overlooked, filed late, or not filed at all, this may be grounds for a dismissal of the charges. Believe it or not, this happens fairly often. A savvy attorney will keep an eye out for this to try and get their client’s charges dropped.
5. Illegal Stop or Search
This is one of the most common ways to get charges dismissed. As with an arrest, there needs to be probable cause for a stop or search. Probable cause for a traffic stop is most likely a traffic violation, such as speeding or running a red light. If you are charged with armed robbery because of something an officer saw when they pulled you over without cause, these charges must be dropped. The same goes for a search. If a police officer searches the premises without good reason, anything they find is inadmissible in a court of law. Any attorney worth their salt will check the circumstances of stops and searches to ensure probable cause existed.
What Should I Do If I’m Charged with Armed Robbery?
If you have charged with the crime of armed robbery in Henderson, NV, it is best to seek the legal representation of a criminal defense attorney who has experience with armed robbery cases. Contact the law offices of Marchiano Legal Corp for a free consultation. With our expertise, we will help you navigate the inner workings of your case to increase the probability of your armed robbery charges getting dropped.