Can My Case Be Thrown Out?
Very few cases are actually just thrown out, the best and most efficient means to get a case dismissed is to demonstrate weaknesses to the State Attorney’s Office concerning the strength of their case. Additionally, the most effective ways to get a case thrown out are through what is most commonly referred to as a “C(4)” motion to dismiss or a motion to suppress.
A “C(4)” refers to a specific subsection of Florida Rule of Criminal Procedure Rule 3.190, which allows criminal defendants to file a motion essentially alleging that although all the facts alleged by the State are correct, a crime still did not occur. For all practical purpose, these motions argue that regardless of the facts, a crime did not occur based on the pure character of the law. A “C(4)” motion to dismiss is a powerful tool for experienced criminal defense attorneys in either getting charges dismissed or obtaining more favorable plea bargains for clients.
A motion to suppress alleges the search conducted by law enforcement was illegal and violated either the Constitution of the United States or Florida. In many cases, when illegally obtained evidence is suppressed, the State Attorney’s Office is left with no choice but to drop or reduce charges. Generally, motions to suppress are very fact specific and unique to the individual circumstances of charges. Motions to suppress can also be filed concerning illegally obtained confessions. This most often occurs when detained individuals fail to be advised of their Miranda rights.
If you or someone you know has been charged with a criminal case that you believed should be thrown out or dismissed, contact the experienced criminal lawyers of Bluemenauer Hackworth. We offer free case consultations and the experience you criminal case demands.