How to Get My Case Dismissed in Massachusetts?

The road to getting a case dismissed can be long and arduous, depending on many factors. 

One of the most common questions criminal defense attorneys are asked is “How can I get my case dismissed?”. Clients are often desperate to have their case resolved as quickly as possible. Unfortunately, no attorney- no matter how skilled and experienced- can guarantee a dismissal. However, what an experienced Attorney like Mr. Rakhlin can do, is explore every possible legal avenue to have a case dismissed, including convincing the district attorney’s office that prosecution of a particular defendant is not in the interests of Justice.

By combining both legal reasons and factual arguments, a skilled attorney can potentially secure the dismissal of a case prior to a trial. But it is important to understand that there are specific legal grounds on which cases can be dismissed. The mere fact that the government has a weak case against the defendant does not mean that a judge can dismiss the case. It is also important to understand that even if the alleged victim does not want the case to proceed, that also is not an automatic grounds for dismissal. In any case, a motion to dismiss can be brought if there is insufficient probable cause to charge the defendant with a crime.

What is probable cause?

Probable cause is a legal standard of evidence which is much lower than the standard of guilt Beyond A Reasonable Doubt, which is required to secure a conviction at trial. The amount of evidence needed to bring charges forward against an individual is much lower than the amount of evidence needed to convict an individual. If an attorney establishes that there is sufficient probable cause for the charges, the next step is to determine whether or not there is information that could convince the District Attorney’s office not to prosecute the case. This could include particular information about the characteristics of the defendant, the alleged victim, or other evidence that may not have been available to the investigating officers.

Many defense attorneys are too comfortable with the concept of forcing the government to prove their case. They choose not to conduct their own investigation that could bring favorable and potentially exculpatory evidence to the government’s attention. Knowing the prosecutor that is handling the case is also an important factor. The attorney and prosecutor can decide together which evidence should be saved for trial, or which evidence can be presented earlier on in the case to potentially secure a dismissal that would alleviate a great deal of stress and anxiety on the part of the defendant.

If you believe you have been charged with a crime for which there is insufficient probable cause to go forward, please call Rakhlin Law today at 617-564-0466 for a free consultation to discuss possible ways to secure a dismissal of your case.