Facing arrest can be incredibly overwhelming, but it’s crucial to understand that an arrest doesn’t automatically lead to a conviction. Errors can occur at any stage of an investigation, from initial police procedures to forensic analysis and prosecutorial decisions. A police mistake can significantly impact your case. An experienced Bergen County Criminal Defense Attorney is often essential in uncovering mistakes and using them to pursue a dismissal of charges. Please continue reading as we explore common police mistakes and how they can be leveraged in your defense to get your case dismissed.
Can a Criminal Case Be Dismissed Due to Law Enforcement Errors?
When police errors occur in a New Jersey criminal case, dismissal is possible due to laws safeguarding individuals from unfair treatment and ensuring their constitutional rights. While police procedures were established to uphold these standards, deviations could infringe upon the suspect’s rights, leading to evidence being suppressed or a case being dismissed. Even with substantial evidence of guilt, due process and the protection of individual rights remain paramount.
However, it’s crucial to understand that not all police mistakes result in dismissal. The decision depends on the unique circumstances and the nature of the error committed.
What Police Mistakes Could Get Your Charges Dismissed in New Jersey?
Police mistakes can significantly impact the outcome of a criminal case. Common errors include:
- Procedural errors: Police have to adhere to strict procedures during arrests and investigations. Failing to establish probable cause or violating Miranda rights can lead to issues.
- Constitutional rights violations: These mistakes violate a defendant’s rights, such as the right to a fair trial or the right against unreasonable searches.
- The mishandling of evidence: If law enforcement fails to maintain the chain of custody, an attorney could file a motion to suppress evidence, which means it will be excluded from court.
- Police report errors: Inconsistent witness statements, missing evidence details, incorrect timelines, or mischaracterization can undermine the prosecution’s case.
- Insufficient evidence: If law enforcement makes considerable mistakes and there isn’t enough evidence to prove a defendant’s guilt beyond a reasonable doubt, the case may be dismissed.
Significant errors can lead a judge to dismiss a criminal case. However, minor, harmless mistakes, such as spelling errors, small inaccuracies, or procedural errors, corrected promptly before trial, are unlikely to cause a dismissal and may not impact the case’s outcome.
If you suspect that the police made a major mistake, please don’t hesitate to contact a determined attorney from The Law Office of Carl Spector, who can help assess the situation, file motions to suppress evidence or dismiss your case, and negotiate with the prosecution if necessary. Connect with our firm today to learn how we can fight for you.
