How to beat A Battery Charge
How Criminal Defense Attorneys Get Cases Dismissed
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how does a criminal defense attorney get
charges dismissed if this is a question
that you have then your luck because I'm
going to answer that for you right now
my name is jamal Kersey I'm a criminal
defense and immigration attorney in San
Diego and I've handled everything from
small-time petty theft up to DUI all the
way up to a high-profile homicide and
all stops in between and so today I'm
going to be answering your question on
how a defense attorney gets charges
dismissed so basically what it comes
down to is demonstrating to the
prosecutor that they are not going to be
able to prove their case beyond a
reasonable doubt
so prosecutors will file charges against
a person going into it believing that
they'll be able to prove their case
beyond a reasonable doubt so maybe in a
complaint you'll see a person is charged
with a battery a robbery burglary and
grand theft right so the prosecutor has
reviewed the evidence given to them by
the law enforcement agency and upon
reviewing that information those are the
charges they decide to file against the
client and so ultimately the defense
attorney in working with his or her
client who reviews that information
reviews the discovery with their client
this might be witness statements
photographs video lab reports if there
were was any violence there might be
hospital records or you know medical
records anything like that but the
defense attorney is forming the defense
strategy with his client and trying to
come up with a way to demonstrate to the
prosecutor that they're not going to be
able to prove their case beyond a
reasonable doubt so there are some
misconceptions in terms of how a defense
attorneys get charges dismissed you know
it's not because the prosecutor likes a
defense attorney it's not because the
defense attorney knows the judge it's
not any of these things ultimately it
comes down to the defense attorney being
able to successfully communicate to the
prosecutor that they are not going to be
able to prove their case beyond a
reasonable doubt and so sometimes that
comes in the way
you know being able to demonstrate that
certain evidence that the prosecutor
thinks he's gonna be able to get in will
not come in so you've probably heard of
motions to suppress evidence well if
there was evidence that was unlawfully
obtained you know in violation of the
accused Fourth Amendment rights then
what can be filed as a motion to
suppress and if the defense is
successful in that motion and the main
evidence gets thrown out and the
prosecutor no longer has a case then
that's gonna result in a dismissal and
so sometimes you know that process is is
circumvented by the defense attorney
being able to say hey you know you're
not even gonna be able to get this
information into evidence if this case
were to go to trial and if the
prosecutor is convinced or agrees with
that then that can result in a dismissal
or there could be identification issues
you know the the accused ended up
getting charged with this particular
crime but there could be shaky
identification issues or there could be
witness credibility issues maybe the
witness had a motive to lie and made
something up but there's all kinds of
different things that the defense
attorney can come up with in order to
demonstrate that the prosecutor is not
going to be able to prove their case
beyond a reasonable doubt and so that's
what it that's what it takes at the end
of the day it's the defense attorneys
investigation of the facts you know so
that's using either himself or even
hiring an investigator to assist in
digging up facts that are gonna support
the defense's theory of the case also
doing the legal research to see if there
are any solid legal arguments that the
defense has in order to again show that
at the end of the day if this case is
going in front of a jury prosecutor mr.
prosecutor mr. prosecutor you're not
going to be able to prove your case
beyond a reasonable doubt for x y&z
reasons and that's why you should
dismiss the case and if it's convincing
enough then that will be the result well
I hope this was informative to you if
you're watching this video it may be
because you
have been charged with a crime and you
have questions if that's the case feel
free to give us a call at six one nine
three nine nine three six six two I'd be
happy to answer all of your questions
and see if we might be able to work
together alright enjoy the rest of your
day thanks so much for watching till
next time
