When it comes to criminal cases, most people think that they are very difficult or impossible to beat. However, this is not always the case. Many criminal cases have flaws, and these weaknesses can lead to dismissals. 

More than 90% of cases end up being dropped because they are too weak. In fact, some can be dismissed not only during the trial but even before that point. 

What are some signs that your criminal case is weak? This article will explore some of the most common reasons.

• Lost Evidence

Sometimes, law enforcement might have good evidence which could be extremely helpful for the case. But this evidence can also get lost. 

For instance, if it rains, taking photographs of potential tire tracks or footprints becomes impossible. If things tamper with evidence before it can be collected, the case will have a lot to suffer. So, prosecutors might have a problem. 

• No Evidence at All

In order to prove that someone is guilty of a crime, jurors need to take a look at the evidence. In its absence, they cannot rule that a certain individual has committed any crime, and they cannot accuse this person of doing something when there is no proof. 

Especially when someone is suspected of a severe crime that would probably end in prison time, jurors will want proper evidence. Without it, the case will become weak.

• No Witnesses

One of the keys to criminal case prosecutions is represented by witnesses. They saw what happened and can either confirm or contradict your claims. When you know that you were not guilty in the case, you need witnesses who can confirm this. Otherwise, the chances of winning the case go down significantly. 

Not having witnesses can be especially troublesome if you do not have other types of evidence from the crime scene. Therefore, a case without witnesses is very weak. 

• Criminal Complaint Mistakes

When an important document is full of mistakes, it is certainly a bad sign. Criminal complaints need to be correct – otherwise, they can weaken the case. These papers describe the crimes that you are suspected of.

Sometimes, criminal complaints contain mistakes, though. Some mistakes include wrong charges, facts that are not correct, or charges that were not filed under the proper statutes. 

Believe it or not, the smallest mistakes can be enough for a case to be dismissed. Now, sure, it can be very difficult for you to see these mistakes. This is why having a good criminal defense lawyer can help you in this situation, as he or she will be able to notice the mistakes. To learn more, seek help from a bakersfield criminal lawyer.

• Illegal Arrest

The police must arrest an individual when there is a cause for it. They cannot just arrest an individual because they want to. Actually, a specific procedure must be followed when they arrest a person. 

For instance, they require a warrant. On top of that, they need probable cause, as well as evidence of the crime. 

If there is proof but it wasn’t discovered before the time of the arrest, the case might be dismissed. This could simply happen due to an illegal arrest. And obviously, if there is no proof at all, the case can fall if the arrest wasn’t correct. 

• Illegally Obtained Evidence

When it comes to collecting evidence for the case, this has to be obtained legally. There is a specific procedure that has to be followed when gathering proof. When evidence is collected, it must be discovered, seized, and provided lawfully. 

Defendants have the right to be free of any searches and seizures when there is no warrant. If those from law enforcement search for proof and seize it without a warrant, the rights of the defendant are violated. So, if a good Bakersfield criminal defense attorney will identify this, the prosecutor will be unable to present this evidence to the jury, making their case weak.

If you are the prosecutor and you cannot present the evidence to the court due to the defendant being searched illegally, your case might be thrown out. 

The Bottom Line

So, these are the main signs that make a criminal case weak. So, if you are in this situation, you must have an experienced attorney by your side to help you and offer proper advice. For example, Colorado had a monthly crime rate of 530 crimes per 100,000 residents in 2022. The rate is 7.3% higher than it was in 2019. Those involved in criminal cases in the state of Colorado must seek Denver criminal defense lawyers to get the proper legal help.