How to Get Your Case Dismissed

Understanding Common Legal Arguments & Procedural Issues That Could Lead to Dismissal

Introduction

If you are facing criminal charges in Massachusetts, your goal is likely to avoid a conviction—and in some cases, you may be able to get your case dismissed entirely. A dismissal means that the case is dropped and you do not have a criminal conviction.

There are many legal and procedural arguments that can be used to seek dismissal before trial. This guide explains common legal reasons for case dismissal and how an experienced attorney can challenge your charges effectively.

1. Understanding Case Dismissal

A dismissal means the court drops the charges against you, either because of a legal issue, procedural error, or lack of evidence.

Types of Dismissals

  • With Prejudice: The case cannot be refiled, meaning you are permanently free of the charges.

  • Without Prejudice: The prosecutor can refile the charges later, often after fixing a legal or procedural issue.

2. Common Legal Grounds for Dismissal

There are several legal and procedural reasons why a judge may dismiss a criminal case. Below are some of the most common arguments used by defense attorneys.

A. Lack of Probable Cause at the Time of Arrest

To legally arrest you, police must have probable cause—a reasonable belief that you committed a crime. If there was no probable cause:
✅ Your lawyer can file a Motion to Dismiss for Lack of Probable Cause under Massachusetts Rule of Criminal Procedure 13.
✅ The judge may dismiss the case if there was insufficient evidence at the time of arrest.

🔹 Example: You were arrested for shoplifting because you were near a store where a theft occurred, but no one saw you take anything. If there’s no direct evidence, the case could be dismissed.

B. Violation of Your Constitutional Rights

If police violated your rights, evidence obtained through that violation can be suppressed, which may lead to a dismissal.

1. Illegal Search and Seizure (Fourth Amendment Violation)

  • If police searched you, your car, or your home without a valid warrant or probable cause, the evidence they found may be excluded.

  • Without key evidence, the case may be dismissed.

✅ Motion to Suppress Evidence may lead to dismissal.

🔹 Example: Police searched your car without a warrant or probable cause and found drugs. If the search was illegal, the drugs cannot be used in court, leading to dismissal.

2. Failure to Read Miranda Rights (Fifth Amendment Violation)

  • If you were interrogated while in custody and police did not read your Miranda rights, your statements may be excluded.

  • If the prosecution relies on your confession, and it’s suppressed, the case may be dismissed.

🔹 Example: You were arrested for DUI and made incriminating statements before being read your Miranda rights. Those statements can be suppressed, potentially leading to dismissal.

C. Insufficient Evidence to Proceed

To convict you, the prosecution must prove your guilt beyond a reasonable doubt. If there is not enough evidence, the case may be dismissed.

✅ Your attorney can file a Motion to Dismiss for Insufficient Evidence under Commonwealth v. Latimore, 378 Mass. 671 (1979).

🔹 Example: You are charged with assault, but there are no witnesses or physical evidence—just the alleged victim’s word. The case may be dismissed due to insufficient evidence.

D. Statute of Limitations Expired

Every crime has a time limit (statute of limitations) for the prosecution to file charges. If the statute of limitations has passed, the case must be dismissed.

✅ Your lawyer can file a Motion to Dismiss for Violation of the Statute of Limitations.

🔹 Example: You are charged with larceny from 10 years ago, but the statute of limitations for larceny is 6 years. The case should be dismissed.

E. Failure to Prosecute / Violation of Right to a Speedy Trial

If your case has dragged on for an unreasonably long time, the judge may dismiss it for violating your right to a speedy trial.

✅ Your attorney can file a Motion to Dismiss for Violation of Rule 36 under Massachusetts Rule of Criminal Procedure 36.

🔹 Example: You were charged with DUI, but the case has been pending for 3 years with no trial date. This delay may lead to dismissal.

F. Prosecutorial Misconduct

If the prosecutor engages in misconduct, such as withholding evidence or pressuring witnesses, the case may be dismissed.

✅ Your lawyer can file a Motion to Dismiss for Prosecutorial Misconduct under Brady v. Maryland, 373 U.S. 83 (1963).

🔹 Example: The prosecution fails to turn over surveillance footage showing you were not at the crime scene. This may lead to a dismissal.

3. Procedural Mistakes That Can Get a Case Dismissed

Even if there is some evidence against you, errors in legal procedures can still lead to a dismissal.

A. Faulty Criminal Complaint or Indictment

  • If the charges were not properly filed, the case may be dismissed.

  • Errors in charging documents or wrong jurisdiction can result in dismissal.

✅ Your attorney can file a Motion to Dismiss for Defective Complaint or Indictment.

B. Police or Witnesses Fail to Appear

  • If key witnesses fail to show up, the prosecution may be unable to proceed.

  • If the arresting officer misses court dates repeatedly, the judge may dismiss the case.

✅ Your lawyer can argue for dismissal due to lack of prosecution.

4. Pretrial Diversion & Alternative Dismissal Options

Even if your case is not dismissed outright, you may qualify for alternative programs that result in dismissal after successful completion.

A. Pretrial Diversion Program (First-Time Offenders)

  • If you are charged with a non-violent crime and have no prior convictions, you may qualify.

  • You complete counseling, community service, or drug treatment in exchange for dismissal.

  • Available under G.L. c. 276A.

🔹 Example: You are charged with shoplifting for the first time. A diversion program could allow dismissal after completing a theft prevention class.

B. Pretrial Probation (Dismissal After Good Behavior)

  • You comply with certain conditions (such as staying out of trouble) for a set period.

  • If successful, the case is dismissed without a conviction.

🔹 Example: You are charged with minor drug possession. The judge agrees to dismiss the case if you stay drug-free for 6 months.

Final Thoughts: How to Get Your Case Dismissed

The best way to fight criminal charges is to work with an experienced attorney who can identify legal weaknesses in the case.

✅ Challenge evidence through a Motion to Suppress.
✅ Argue procedural violations to have charges dismissed.
✅ Negotiate a pretrial resolution that results in dismissal.

If you are facing criminal charges in Massachusetts, contact a defense attorney immediately to explore your options for dismissal.