What Are The Signs Your Criminal Case Will Be Dismissed?

The convoluted nature of criminal cases often leaves defendants and their families in a state of apprehension. A common question that arises is whether there’s a possibility of the case being dismissed. There are several indicators that a criminal case may be weak and could be dismissed. Let’s examine these signs further.

If you or a loved one is accused of a crime, don’t wait to reach out to a criminal defense lawyer in Evansville, Indiana. Verdelski Miller has over 30 years of experience and is dedicated to vigorously defending client’s rights. Contact our law firm today for a free case evaluation.

1. Insufficient Evidence

Evidence is the backbone of any criminal case. If the prosecution lacks substantial evidence to prove the defendant’s guilt beyond a reasonable doubt, the case may be dismissed. This could be due to a variety of reasons such as evidence being lost or destroyed, or witnesses becoming unavailable or uncooperative.

The prosecution must have enough evidence to convince the jury that the defendant is guilty.

2. Flawed Arrest Procedures

The legitimacy of arrest procedures can significantly impact the outcome of a case. If the arrest was carried out without probable cause or due process, it could lead to the dismissal of the case. The American judicial system mandates that any arrest without probable cause is deemed invalid.

3. Evidence Deemed Inadmissible

The admissibility of evidence is another crucial factor. If motions to suppress evidence are successful, the case could be dismissed. This could occur if evidence was obtained unlawfully, without warrants, or if there was prosecutorial misconduct.

4. Incorrect Charges

The accuracy of charges filed is paramount. If the charges filed are incorrect or do not align with the facts of the case, the case could be dismissed.

5. Uncooperative Witnesses

The role of witnesses in a criminal case is pivotal. If witnesses are uncooperative or the victim recants their statement, the case could be dismissed.

6. The Statute of Limitations Has Passed

The statute of limitations refers to the maximum time after an event within which legal proceedings may be initiated. If this period has lapsed, the case could be dismissed.

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7. Violation of the Right to a Speedy Trial

The defendant’s constitutional right to a speedy trial is essential. If this right is violated, the case could be dismissed.

Dismissal vs. Acquittal in Indiana

Having a case dismissed is not the same as an acquittal. While both terms indicate a favorable outcome for the defendant, they have different legal implications.

Dismissed Criminal Case

A dismissal is when the prosecutor decides to drop the criminal charge against the defendant and not proceed further with the prosecution of the case. This can occur at any stage before a case is submitted to either a judge or a jury for a decision.

There are several reasons why a case might be dismissed. These include insufficient evidence, violation of rights, improper arrest procedures, exclusion of witnesses, expiration of the statute of limitations, and incorrect charges filed.

It’s important to note that if a case is dismissed, the issue of guilt is never decided. However, the prosecutor could decide to renew the charges and pursue the prosecution again at a later time.


An acquittal, on the other hand, is when a defendant who has been accused of a crime is found not guilty at a trial. This can occur either by a judge following a bench trial or by a jury following a jury trial.

To secure a conviction of a defendant, the prosecutor is required to prove every element of the crime to the judge or jury beyond a reasonable doubt. If the prosecution is unable to meet its burden of proof for one or more of the required elements of the crime, the person is acquitted.

The Fifth Amendment’s double jeopardy clause prohibits the state from retrying for a crime after you have been found not guilty. This means that once your Evansville defense lawyer has won a trial, the prosecution can’t reopen the case later.

Call a Criminal Defense Lawyer in Evansville, Indiana

While these signs may indicate a potential dismissal, it’s important to remember that each case is unique. It’s always advisable to consult with an experienced Evansville criminal defense attorney at Verdelski Miller who can provide guidance based on the specifics of your case.

Contact us at 812-425-9170 today for a free case evaluation.

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