Are you concerned that you have a weak criminal case? Criminal cases are tough to deal with when the proof is solid. However, in some instances, the accusations are not good enough to create a solid criminal case. Less than 10% of criminal cases go to trial; most are dismissed after the defendant pleads guilty.

Every criminal indictment or charge needs probable cause. If attorneys cannot find probable cause after listening to their clients, they will present the information to the prosecutors. Various aspects of the defendant’s life will be analyzed to determine whether they had a reason to commit the crime.

Probable cause is needed so the defendant will not be arrested on a “hunch” or “gut feeling.” An argument, a claim, or a social media post can be used as probable cause. The fact that the person is just “plain creepy,” so to speak, cannot be used as probable cause. This is necessary to prevent wrongful arrests of innocent people.

Here are the signs that a criminal case is weak and probably won’t make it to trial if you hire an excellent criminal defence attorney.

Weak Criminal Case Because of Not Enough Evidence

The law states, “innocent until proven guilty.” To prove guilt, the prosecution must provide enough evidence. You are dealing with a dead end unless you can prove that the accused did it.

When reviewing your case, the prosecution will take it to the jury board, who will decide whether it is vital. Based on that data, they will determine if there is probable cause and if you should be behind bars. If there is no proof or very little of it, then there is a very good chance the case will be dismissed.

The legal system, as unfortunate as it may be in some cases, has a lot of loopholes. However, this kind of loophole can weaken your criminal case, preventing the accused from going to jail. These loopholes are often caused by slight, perhaps even unintentional, mistakes in the legal complaint.

It takes only a mistake in the name, the date, the address – even the complaint description – for the entire case to fall. You may not even know about them, but a good defence lawyer will be able to catch these small details. If you accuse someone of a crime and build a case against them – a case that falls apart – then all of your efforts will be lost. If you are unlucky, the person you just tried to send to jail may even sue you for harassing them.

Lack of Criminal History

Not every criminal case slips because of a lack of evidence—the proof may be strong, but when it comes to criminal history, the case is rather weak. For example, if the person who committed a minor crime had no criminal record, the prosecutor may simply decide to drop a case due to “extenuating circumstances.”

Take the Bronx, for example, which is believed to have the highest crime rate in New York. Major crimes are so common that the prosecution does not bother very much with minor crimes. A smaller crime, such as loitering or trespassing, may simply be dropped at the discretion of the prosecution, especially with the help of a good criminal lawyer.

Weak Criminal Case Because of a Faulty Arrest

There is such a thing as “arrested wrong,” and it may cause a case to fall apart. Policemen need to follow a specific procedure when arresting someone. They need official documents such as a warrant, probable cause, proof of the crime and many other things that tell the accused did it.

If the proof wasn’t there or was discovered later, a criminal case can fall simply because of a faulty arrest. It doesn’t matter if the person is guilty or not. If they are arrested without the proper steps being taken, then they can walk free as a result of a faulty arrest.

For a criminal to be convicted, two very important things are required: physical evidence and witness testimonies. When either of them suddenly goes missing, the prosecution won’t be able to push the case any further. This is especially the case if either of them is crucial in the case.

For example, let’s say that you have been accused of a hit-and-run accident. Someone should have seen you drive the car for those accusations to stand. If the witness suddenly decides to change their testimony or doesn’t remember seeing you at the wheel, the case against you is relatively weak.

Evidence Obtained Illegally

Criminal investigations have a process that needs to be respected by the book. No matter how solid the proof may have been, if it was not acquired properly, it cannot be used. This is because the US Constitution gives every person the right to privacy and to be free of warrantless searches.

For example, let’s say the accused committed a crime and used a weapon on their property. If the police officials snuck in and found the gun, this would be trespassing. Also, it would mean that they obtained the weapon illegally.

For the evidence to stand, it must be obtained using a warrant. The discovery cannot be undone once it has been deemed that the evidence was obtained illegally. The prosecution would have to bar that evidence, no matter how good it might be. This evidence is frequently called the “fruit of the poisonous tree.”

Features of a Weak Criminal Prosecution

A case is often labelled as “weak,” which signifies that the presented evidence and arguments for the plaintiff or prosecutor are inadequate or unconvincing. This suggests that the plaintiff or prosecutor may encounter difficulties proving their case in court, with the defendant having a higher possibility of winning.

A case could be classified as weak for various reasons, such as the absence of reliable evidence, inadequate witnesses, or flawed legal arguments. For example, if a plaintiff cannot produce medical records to substantiate their claims in a personal injury case, the case may be viewed as weak. The case may be feeble if a prosecutor fails to provide sufficient evidence that a defendant committed a crime.

It is important to note that a weak case does not necessarily mean that the plaintiff or prosecutor cannot win. However, it does imply that they need to bolster their arguments and evidence. In some situations, the parties may settle the case out of court instead of pursuing a trial.

When a case is weak, the probability of winning is lower, and the parties involved may need to evaluate alternative strategies to resolve their dispute.

Insufficient evidence to prove guilt

A prosecutor’s case may be considered weak if insufficient evidence proves that the accused has committed a criminal offence. Evidence plays a crucial role in establishing a case’s strength, and it may consist of different forms, such as DNA evidence, video footage, or physical evidence, like a weapon.

However, the presence of evidence alone does not guarantee a strong case. For instance, if police unlawfully seize evidence without a valid search warrant, a judge may prevent the prosecutor from using it in court.

The absence of exculpatory evidence may suggest a weak case. Exculpatory evidence refers to any proof that the accused is not guilty of the crime they are being accused of committing. Examples of such evidence include video footage of someone else committing the crime, alibi proof showing that the accused was not present at the crime scene during the offence, or someone else admitting to the crime.

Do Prosecutors Want to Go to Trial?

Prosecutors serve as government representatives in criminal cases. Their primary responsibility is to ensure that justice is served and the guilty are held accountable for their actions. However, whether prosecutors prefer to go to trial depends on various factors.

In some instances, prosecutors may prefer to avoid trials and opt for plea bargains instead. This is primarily because trials are complex, expensive, and time-consuming and may not necessarily lead to a guaranteed conviction. In cases where the evidence is not strong enough to secure a conviction, plea bargains may be a more viable option.

On the other hand, if prosecutors believe they possess sufficient evidence to establish a strong case, they may opt for a trial. In such instances, trials are seen as opportunities to obtain convictions and send a message to society about the efficacy of the criminal justice system.

Evidence of a Feeble Criminal Case

Apart from this, prosecutors may view going to trial as an opportunity to gain valuable courtroom experience and enhance their professional reputation, which may benefit future cases.

The decision to go to trial depends on the specific circumstances of each case. Some prosecutors may try to avoid trials, while others may perceive them as opportunities to achieve justice and maintain the integrity of the law.

A weak case is not very likely to go to trial – and in certain conditions, charges can be dropped due to small things such as lack of evidence, witness not showing, or no probable cause. A good criminal lawyer should be able to prevent their clients from going to trial.