Dismissal of Charges
St. Petersburg Dismissal of Charges Attorney
If you are a First Time Offender and have been arrested for a criminal offense in the Tampa Bay Area including St. Petersburg, Clearwater, Pinellas County, Tampa, Hillsborough County, or surrounding counties, contact the Morris Law Firm, St. Petersburg Criminal Attorney, for specific information and expertise on getting your criminal Charges Dismissed.
What is a Dismissal of Charges?
A Dismissal in a criminal case is a decision of a court, which has used its judgment prior to trial or before a verdict is reached, that terminates the proceedings against the defendant.
State and federal rules of Criminal Procedure dictate how dismissals are obtained and administered.
Why are Dismissals Granted?
Dismissals in criminal prosecutions are granted for a wide variety of reasons including:
- Insufficient Evidence
- Investigative Mistakes by Law Enforcement
- Victim recantation
- Failure to Read Miranda Warnings
- Violation of Constitutional Rights
- Improper Search and/or Seizure
How Do I Get My Charges Dismissed?
Especially with First Time Offenders, your attorney may be able to negotiate with the prosecutor to have no formal criminal charge filed. In this case, you will only have an arrest record, and not a criminal charge and you are eligible to have your arrest record Expunged.
If a formal criminal charge is filed, your attorney may file a Motion to Dismiss where the judge would make a decision to Dismiss the Charge based on legal grounds before a trial. In this instance also, you are eligible to have your criminal record Expunged.
Additionally, the judge in your case may Dismiss the Charges based on your attorney successfully negotiating with the prosecutor and requesting that you complete a Pre-Trial Intervention Program (PTI) (Florida statute section 948.08 and section 948.16). You must successfully complete the PTI program in order to have your charges dismissed.
Are Dismissed Charges Expunged or Sealed?
Your criminal charges are not automatically Expunged or Sealed based on having your Charges Dismissed. Having your Charges Dismissed is the first step towards later qualifying to have your charges Expunged or Sealed.
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Potential Defenses:
We will strive to file any necessary motions to dismiss or motions to attempt to exclude evidence in an effort to maximize your opportunity for a positive outcome. As your criminal defense lawyer, we will represent you at any necessary pre‐trial hearings, pre‐trial motions, and at trial.
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What To Do Next:
If you have been arrested:
1. Don't speak to the police - ask to have an attorney present.
2. Don't give a written statement – again, ask to have an attorney present.
3. Contact an attorney immediately.
4. Collect and document your own evidence.
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You have a very narrow window of time between when you are arrested and when the State Attorney's office makes a decision to file a criminal charge against you. Hiring an attorney immediately to negotiate on your behalf gives you the best chance of avoiding criminal charges.
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Morris Law Firm | St. Petersburg Criminal Defense Attorney for Dismissal of Charges
If you are a first time offender seeking to have your criminal Charges Dismissed, contact a St. Petersburg First Time Offender Attorney to discuss possible defenses and specific strategies that may exist in your case. Call the Morris Law Firm at 727-388-4736 to discuss your case directly with an attorney, or fill out our Online Form to be contacted for a Free Initial Consultation. The Morris Law Firm can help and has specific knowledge and experience in defending first time offenders seeking Dismissals throughout Pinellas County and the entire Tampa Bay, FL Area (St. Petersburg, Clearwater, Tampa, Hillsborough, Pasco, Bradenton, Manatee, and Sarasota).