There are a lot of criminal cases out there. Some of them go through the full trial, some get settled and some get dismissed. Criminal defense attorney Lance Fryrear talked about the third scenario in this video and he explained how he aimed to get some cases dismissed.
Fryrear has been practicing for over 20 years, so he has seen all different types of scenarios. He admitted that it is hard to get a case dismissed, but also stressed that it’s not impossible.
The first thing that can get a case dismissed is the prosecutor not having enough evidence to prove their case. Are there sufficient witnesses? What are their motivations?
Secondly, a criminal defense attorney wants some time to pass. They won’t negotiate for dismissal early. Instead, they usually push their clients to do things like take an anger management course or community service. That can show the prosecutor that some kind of solution has been attempted.
Thirdly, they might try a legal motion. Was the stop a legal one? They might try for continuance or deferred prosecution. There are a lot of factors that go into getting a case dismissed. One of them might work.
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