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
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master:2021-05-24_10-55-33
When thinking about getting charges dismissed, we tend to think of a dismissal before trial or before a plea agreement. Charges also can be dismissed even if the case has gone to trial and the defendant has lost. A convicted defendant who wins an appeal can sometimes secure an order from the appellate court that the lower court (the trial court) dismiss the case or enter a judgment of acquittal rather than retry the case. 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.