Title: Getting a Case Dismissed After Conviction | CriminalDefenseLawyer.com
Headings: Getting a Case Dismissed After Conviction
Getting a Case Dismissed After Conviction
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Appeal based on a bad arrest or search
Insufficient evidence to support the jury's finding
No jurisdiction
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Content: A prosecutor also might decide to dismiss a case voluntarily after losing an appeal. For information on how cases can be dismissed before trial, see Getting a Criminal Case Dismissed. Appeal based on a bad arrest or search
An appellate court might dismiss a case after it has reversed the conviction on the grounds of a bad search or arrest. After the appellate court rules that a search or arrest was improper, the court usually also will order that evidence resulting from the search or arrest cannot be introduced at trial. The appellate court may examine what's left of the case without the evidence from the search or arrest and determine that the prosecution does not have enough evidence to warrant another trial and order the lower court to dismiss. In another scenario, if a case is overturned based on insufficient evidence to support the defendant's arrest (and no other evidence suggests that the defendant would have been arrested for this crime under other circumstances), the court may conclude that there is no remaining evidence to tie the defendant to the crime. Even if the appellate court does not order a dismissal, the prosecutor may decide there is not enough evidence to secure a conviction. Similarly, if the appellate court rules that a search was unconstitutional, and further rules that the evidence resulting from the search may not be considered, the prosecution may be left without enough evidence to support a finding of guilt on the charge. In this instance, again, the appellate court may order dismissal or the prosecutor may decide he has no choice but to dismiss the charges. Insufficient evidence to support the jury's finding
Occasionally, an appellate court will reverse a finding of guilt on the grounds that the jury did not have enough evidence to support its conclusion.