Are you concerned that you have a weak criminal case? Criminal cases are tough to deal with when the proof is solid. But in certain cases, the accusations are not good enough to create a strong criminal case.

In fact, less than 10% of criminal cases end up going to trial, most of them either pleading guilty or being dismissed at that point.

Here are the signs that tell a criminal case is weak and that probably won’t make it to trial, as long as you hire a good criminal defence attorney.

There Was No Probable Cause

Every criminal indictment or charge needs to have probable cause. If attorneys cannot find probable cause upon listening to their clients, then 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 or not.

Probable cause is needed so that 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 in order to prevent wrongful arrests of innocent people.

Weak Criminal Case Because of Not Enough Evidence

The law has a saying, “innocent until proven guilty” – and to prove that guilt, the prosecution has to provide enough evidence. Unless you can prove that the accused did it, you are dealing with a dead end.

When reviewing your case, the prosecution will take it in front of the jury board, who will decide whether the case is strong or not. 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.

There Were Mistakes in the Criminal Complaint

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

It takes only a mistake in the name, the date, the address – even the description of the complaint – 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 really unlucky, then 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 that committed a minor crime had no criminal record, the prosecutor may simply decide to drop a case as a result of “extenuating circumstances.”

Take the Bronx, for example, the place that 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 actually cause a case to fall apart. Policemen need to follow a certain 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 actually 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.

Loss of Evidence of Witnesses Not Showing

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. For those accusations to stand, someone should have seen you drive the car. If the witness has suddenly decided to change their testimony or simply doesn’t remember seeing you at the wheel, then the case against you is rather weak.

Evidence Obtained Illegally

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

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

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

What does it mean when a case is weak?

In the realm of law, a case labelled as “weak” signifies that the presented evidence and arguments for the plaintiff or prosecutor are inadequate or unconvincing. Consequently, this suggests that the plaintiff or prosecutor may encounter difficulties in proving their case in court, with the defendant having a higher possibility of winning.

A case could be classified as weak due to various reasons, such as an 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. Similarly, if a prosecutor fails to provide sufficient evidence to prove that a defendant committed a crime, the case may be regarded as weak.

Weak Criminal Case

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 opt to settle the case out of court instead of pursuing a trial.

In summary, when a case is weak, it implies that 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 there is insufficient evidence to prove that the accused has committed a criminal offence. Evidence plays a crucial role in establishing a case’s strength, which 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 utilizing such evidence in court.

Moreover, the absence of exculpatory evidence may suggest a weak case. Exculpatory evidence refers to any proof that demonstrates 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 representatives of the government in criminal cases, and 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 or not is contingent upon various factors.

In certain cases, 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. Additionally, 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.

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

Ultimately, the decision of whether or not to go to trial depends on the individual case’s specific circumstances. Some prosecutors may try to avoid trials, while others may perceive them as opportunities to achieve justice and maintain the integrity of the law.

Weak Criminal Case Bottom Line

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.

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Top Signs that You Have a Weak Criminal Case