Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
Crimes by Code
Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
California DUI
DUI arrests don't always lead to convictions in court. Police officer mistakes, faulty breathalyzers and crime lab errors may get your charges reduced or dismissed. Visit our California DUI page to learn more.
Post Conviction
A criminal record can affect job, immigration, licensing and even housing opportunities. In this section, we offer solutions for clearing up your prior record.
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Many criminal charges get dismissed, reduced or settled on terms favorable to the defendant because of weaknesses in the prosecution’s case. Five signs of a weak criminal case include:
Any of these issues could lead to:
Law enforcement officers cannot arrest you for a crime for no particular reason.
The police have to have probable cause that you committed a criminal offense before they can legally arrest you.
“Probable cause” is a set of facts that would lead a reasonable person to believe that a suspect committed a crime.1
Consider, for example, a DUI case. A police officer cannot just randomly pull you over on a gut feeling that you were driving drunk. Rather, officers need some evidence to form a reasonable basis that you were driving while intoxicated. Evidence may include signs that you:
If officers did not have probable cause for an arrest, a prosecutor could be inclined to drop charges or work out a plea bargain. The same holds true if the police violated one of your constitutional rights.
A prosecutor’s case is likely weak if it does not have enough evidence to show that you violated a criminal law. Evidence that may help prove a case includes:
Similarly, a criminal case will lack strength if there is evidence of a crime, but it is inadmissible. For example, there are certain situations where police need a valid search warrant before they can seize someone’s property.
If they took possession of something without a warrant, a judge could prohibit the prosecutor from using it as evidence in a criminal case.
Further, certain exculpatory evidence may suggest a weak case. Exculpatory evidence is any sign that you are not guilty of the crime you are being accused of committing.3
Examples include:
Many cases will require witnesses testifying that a defendant committed the crime charged. This is especially true if a district attorney has little or no other evidence of a criminal act.
Further, even if there are witnesses, a prosecutor may have a weak case if they are not credible. A witness will usually lack credibility if he/she does not have a strong reputation of truthfulness.
If no witnesses, or no credible witnesses, no one can corroborate that you committed a criminal offense.
A criminal complaint is a legal document that provides a description of the specific crimes that you are suspected of committing.
Sometimes there are mistakes in a complaint. Examples include:
Any one of these may suggest a weak case leading to a dismissal of charges.
A strong legal defense can suggest a weak case. To secure a guilty verdict in the criminal justice system, a prosecutor has the burden of proof to show, beyond all reasonable doubt, that the defendant committed a crime.
A defense is any assertion by a defendant that casts doubt on a criminal act. If a strong defense, then it could be difficult for a judge or jury to enter a guilty plea.
For example, you may have shoved someone and are being charged with battery. But if you clearly acted in self-defense, a prosecutor will likely drop the case.
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.