Tampa Drug Crimes Attorneys are often asked about cases simply getting thrown out. Frankly, this is an urban myth which has done a significant disservice to those charged with crimes and Tampa criminal defense attorneys. The simple fact is that if an arrest is made the overwhelming majority of these cases are prosecuted through completion by the State Attorney’s office, especially in the Tampa Bay area.
The number of cases that simply get thrown out for no legal or factual basis are very rare. As I’ve told countless individuals charged with crimes in the area, if they want their case to get thrown out or positive resolution, the fastest way is to hire an attorney, have that attorney evaluate the case and begin aggressively defending the case. This can include taking depositions, filing motions, making counteroffers, setting the case for trial, etc. There are many things an attorney can do to assist you in beginning to defend you in a criminal matter, but they must be retained first.
The fact of the matter is the State Attorney’s Office is not simply going to drop a charge because of nothing. Assistant State Attorneys are paid, hired and retained by prosecuting cases to the fullest extent of the law and their ethical responsibilities. They simply don’t get promoted and retained by just dropping charges for no apparent reasons. As many criminal defense attorneys in Tampa will tell you, Assistant State Attorneys that constantly drop cases, do not advance or stay around very long at the State Attorney’s Offices in the area.
What cases can get “thrown out” if there is some sort of a reason to do the same. For example, if legally the State Attorney’s office cannot prove the case to a jury, the case can dismissed through what is called a (C)(4) motion. This is a motion to dismiss in a criminal case. If the State legally cannot prove the charge, this motion should be successful before a court and the case will ultimately be dismissed. These sorts of motions obviously involve legal research and a legal understanding of the Florida criminal justice system and the facts of the case. It is highly unlikely that someone without a legal background will be able to successfully research, file and argue such a motion.
If you have questions concerning the proceedings in your criminal case contact the Tampa Drug Crimes Attorneys of Hackworth Law for a free case consultation. We appreciate your time in looking at our blog and look forward to working with you in the future. If you have any questions please don’t hesitate to use our “contact us now” tab in the upper right hand corner of our web page. We appreciate you taking the time to check out our Tampa Drug Crimes Attorneys’ blog and look forward to working with you. Thank you.