- November 29, 2023
- Firm News
Client’s Case Dismissed After Prosecutor’s Failure to Produce Viable Evidence
Attorney John Freeman recently secured a case dismissal for his client charged with two felonies. How did he manage to get these serious charges dismissed? Here is what you need to know about case dismissals in Michigan and how a seasoned defense attorney can make all the difference.
Knowledge and Fierce Advocacy Are Key
As a member of the United States Concealed Carry Association (USCCA) and a valid concealed pistol license (CPL) holder, this client had a track record of being a responsible gun owner when she was charged. To obtain a CPL license, an applicant is required to successfully complete training.
Having a valid concealed weapons license and being an active member of the USCCA holds great value. Unfortunately, regardless of these details, the client was charged with two felony offenses carrying a mandatory two-year prison sentence.
Based on his intimate knowledge of the law, Attorney Freeman knew these charges weren’t justified and stopped at nothing to get his client the fairest possible outcome.
Due to Attorney Freeman’s perseverance and aggressive representation, the 10th District Court in Battle Creek dismissed the client’s case. This was achieved because the prosecutor’s office failed to produce sufficient evidence to establish probable cause that the client committed the alleged crime.
Evidence and Probable Cause
If you’re charged with a crime in Michigan, the prosecutor has the opportunity to provide evidence to establish probable cause during a probable cause hearing.
During this hearing, the prosecutor’s office must prove two things:
- A crime was committed
- The defendant committed the crime
Probable cause refers to reasonable grounds. It is successfully established when there is strong enough evidence to prove a crime was committed. Probable cause is the standard of legal proof required in criminal cases to search, arrest, and charge a defendant.
In this client’s case, the court found the prosecution had little to no evidence to uphold the charges. When a prosecutor fails to establish probable cause, the court has the discretion to dismiss the case at hand.
The Importance of Hiring a Criminal Defense Attorney
If you’re charged with a crime, consulting with a criminal defense lawyer is vital.
Defense attorneys have the required experience and resources to promptly and properly handle your criminal case. Lawyers know the laws and procedures associated with your case and have the skill to craft a defense strategy on your behalf.
While you may have the opportunity to have the state assign you a court-appointed defense attorney, the work these lawyers put into their cases can pale compared to private defense attorneys. These court-appointed lawyers are often overworked, and their heavy caseloads leave them with little time to dedicate to each client.
When you hire a criminal defense attorney of your own, you can feel confident you have the right ally to fight your legal battle.
Charged with a Crime? Contact a Defense Lawyer Right Away
If you’re charged with a crime, do not wait to contact a criminal defense attorney. The sooner you hire a lawyer, the more time they have to work on your case to pursue the best possible outcome for you.