Spot the signs that prosecutors have a weak case
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This article was co-authored by Jennifer Mueller, JD. Jennifer Mueller is an in-house legal expert at wikiHow. Jennifer reviews, fact-checks, and evaluates wikiHow's legal content to ensure thoroughness and accuracy. She received her JD from Indiana University Maurer School of Law in 2006.
There are 10 references cited in this article, which can be found at the bottom of the page.
This article has been fact-checked, ensuring the accuracy of any cited facts and confirming the authority of its sources.
Having a court case is a stressful time in anybody's life. Wouldn't it be great if your case was just dismissed? If you're the defendant in a civil or criminal case, your answer to that question is probably yes. Read on for some common signs that a case against you might be dismissed and what to expect after dismissal—including whether that case can be refiled.
Potential Reasons to Drop a Court Case
- There’s a lack of evidence.
- No witnesses will come forward.
- Your case involves police or procedural mistakes or misconduct.
- The statute of limitations has passed.
- The court doesn’t have jurisdiction.
Steps
Section 1 of 5:
Signs a Criminal Case May Be Dropped
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![Step 1 There is little to no evidence.]()
There is little to no evidence. In a criminal case, the prosecutor has to prove that the defendant is guilty beyond a reasonable doubt. If there's not a lot of evidence that the defendant did the crime, the prosecutor is likely to drop the case.[1]- This applies to evidence that might have constitutional problems as well. For example, if the police took evidence during an illegal search and seizure, it can't be used as evidence against you. If that's the only evidence the prosecutor has, they'd be likely to dismiss the case.
- The prosecutor also has to be able to show that the evidence wasn't tampered with or fabricated. If the evidence wasn't secured or was found at the scene of the crime days after the crime took place, the prosecutor might not be able to show that.
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![Step 2 There is exonerating evidence.]()
There is exonerating evidence. Likewise, suppose evidence comes to light that would make it reasonable to doubt that you committed the crime, such as DNA evidence that doesn't match yours. In that case, the prosecutor is likely to drop the case. Typically, a prosecutor has no interest in putting someone on trial for a crime it's doubtful they committed.[2]- In this situation, if the evidence truly exonerates you, talk to the prosecutor. Make sure that if they drop the charges, nothing will appear on your record that could continue to haunt you in the future.
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![Step 3 No witnesses will come forward.]()
No witnesses will come forward. When a case involves other people rather than things, if the prosecutor can't find anyone who saw what happened, they're likely to drop the charges. This situation is especially probable if the evidence in the case looks like it's not going to be much more than one person's word against another's.[3]- Since it's the state, not the victim, that prosecutes crimes, a case won't necessarily be dismissed solely because the victim refuses to come forward.[4]
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![Step 4 Officers on the scene made mistakes.]()
Officers on the scene made mistakes. People have constitutional rights when they're being arrested, detained, or questioned by the police. If police officers do anything to potentially violate any of those rights, it can result in the entire case against that person being dismissed.[5]- In some situations, a prosecutor will decline to prosecute a case if there's any kind of questionable conduct on the part of officers that might raise constitutional issues.
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![Step 5 The prosecutors made mistakes.]()
The prosecutors made mistakes. The constitution also gives you rights during the criminal process. If anyone in the prosecutor's office does anything that could potentially violate those rights, either the prosecutor or the judge might drop the case.[6]- The prosecutor might simply drop the case and decline to prosecute before the judge finds out about the potential constitutional violation.
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![Step 6 Other circumstances make your case difficult to prosecute.]()
Other circumstances make your case difficult to prosecute. A prosecutor has broad discretion in choosing which cases they want to prosecute. They typically don't have to justify their decision not to prosecute a case either, meaning that they can pretty much drop charges for any reason if it makes sense to the office to do so.[7]- Prosecutors may decline to prosecute cases if prosecution would be extremely politically unpopular. For example, prosecutors in states where cannabis is illegal might decline to prosecute marijuana cases.
- The victim can ask for the case to be dismissed. Neither the prosecution nor the judge have to comply with this request, but they often do. This situation applies both when the victim is an individual (such as in assault cases) and when the victim is a business (such as in shoplifting cases).[8]
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Section 2 of 5:
Signs a Civil Case May Be Dropped
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![Step 1 The court doesn't have jurisdiction.]()
The court doesn't have jurisdiction. If a judge is going to hear a civil case, the court needs jurisdiction over both whatever the case is about and the people involved in the lawsuit (the person who's suing and the person or people they're suing). The court gets jurisdiction through state and federal court rules as well as state and federal laws.[9]- For example, if someone sued you in California and you lived in Texas, you might argue that the case should be dismissed because the California courts don't have jurisdiction over you.
- The court might also not have jurisdiction over whatever event triggered the lawsuit. For example, suppose someone tried to sue you in Texas over a car wreck that happened in Florida. In that case, you might argue that the case should be dismissed because Texas courts don't have jurisdiction over a car wreck that happened in Florida.
- The courts also need legal jurisdiction for special types of cases. For example, the federal courts are given exclusive jurisdiction to hear cases that involve litigants from two separate states.
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![Step 2 The person who filed the lawsuit lacks standing to sue.]()
The person who filed the lawsuit lacks standing to sue. To file a lawsuit, a person has to show that they suffered some injury or loss as a result of what happened and that the courts can redress that injury or loss. It might be that they can't prove any specific injury that was caused by your alleged actions.[10]- For example, if you own a café and a customer sues you because they slipped and fell, you might argue they lack standing if they weren't injured at all as a result of the fall.
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![Step 3 The person being sued wasn't properly served.]()
The person being sued wasn't properly served. Court rules require that the person suing someone (the plaintiff) tell the person being sued (the defendant) that they are filing a lawsuit in a very particular way. These rules are there to ensure that the person being sued has enough time to respond to the allegations against them and hire a lawyer if they want. If someone sued you and didn't follow these rules, you could potentially get the case dismissed on those grounds.[11]- Getting a case against you dismissed because of failure of service is difficult. If you don't know that you're being sued, it's pretty hard to argue that the case should be dismissed.
- If you're going to argue that you weren't properly served, you typically have to do this immediately before you respond to the case in any other way.
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![Step 4 The statute of limitations has passed.]()
The statute of limitations has passed. If someone has a reason to sue, they only have a limited amount of time to do that. After that time, it wouldn't be fair because memories have faded, and evidence has likely disappeared. Each state sets statutes of limitations for different types of civil claims.[12]- Statutes of limitations start at different times depending on the type of claim. For example, the statute of limitations for a personal injury lawsuit might start on the date the person was injured.
- Sometimes, a statute of limitations doesn't give a hard and fast deadline. Different situations can pause (or even restart!) the clock on the statute. If you think your case has statute of limitations issues, talk to a local attorney.
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![Step 5 The person suing fails to state a claim.]()
The person suing fails to state a claim. Laws give people the right to sue, and each law lays out the specific elements that a person must meet if they want to state a claim under that law. If they fail to cover every one of those elements, you could argue that their lawsuit should be dismissed for failure to state a claim.[13]- For example, in a slip-and-fall case, the plaintiff has to show that you have some duty of care towards them. If they were trespassing in your yard when they slipped and fell, you could argue that you have no duty of care towards trespassers, and therefore, they fail to state a claim.
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Tips
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In civil cases, there are some issues (such as personal jurisdiction) that must be raised before you file any other documents in the case—otherwise, the court will assume that you've waived those issues.[18]Thanks
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Talk to your attorney about the chances of your case being dismissed. They'll likely be familiar with the judge and can offer a more detailed analysis that applies specifically to your situation.Thanks
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Warnings
- This article discusses the law regarding civil and criminal case dismissal in US courts. If you live in another country, the procedures might be different. Consult an attorney in your area for more information.Thanks
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References
- ↑ https://courts.alaska.gov/shc/criminal/steps.htm
- ↑ https://courts.alaska.gov/shc/criminal/steps.htm
- ↑ https://courts.alaska.gov/shc/criminal/steps.htm
- ↑ https://www.nccourts.gov/help-topics/criminal-law/criminal-cases
- ↑ https://www.law.cornell.edu/wex/charges_dismissed
- ↑ https://www.law.cornell.edu/wex/charges_dismissed
- ↑ https://www.law.cornell.edu/wex/charges_dismissed
- ↑ https://www.nccourts.gov/help-topics/criminal-law/criminal-cases
- ↑ https://jud.ct.gov/lawlib/SRP/Info_Series/MotionDismiss.pdf
- ↑ https://www.uscourts.gov/statistics-reports/covering-civil-cases-journalists-guide
- ↑ https://jud.ct.gov/lawlib/SRP/Info_Series/MotionDismiss.pdf
- ↑ https://www.law.cornell.edu/wex/statute_of_limitations
- ↑ https://www.law.cornell.edu/wex/failure_to_state_a_claim
- ↑ https://www.flmd.uscourts.gov/civil-or-criminal-do-you-understand-difference
- ↑ https://www.courts.ca.gov/34204.htm?rdeLocaleAttr=en
- ↑ https://courts.alaska.gov/shc/criminal/steps.htm
- ↑ https://www.courts.ca.gov/42539.htm
- ↑ https://www.uscourts.gov/statistics-reports/covering-civil-cases-journalists-guide
About This Article
Doctor of Law, Indiana University
This article was co-authored by Jennifer Mueller, JD. Jennifer Mueller is an in-house legal expert at wikiHow. Jennifer reviews, fact-checks, and evaluates wikiHow's legal content to ensure thoroughness and accuracy. She received her JD from Indiana University Maurer School of Law in 2006.
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Co-authors: 3
Updated: September 26, 2024
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