Legal Question in Criminal Law in Wisconsin

Dismissal of Criminal Charges

An acquittal following a jury verdict of "not guilty" is best way to get a criminal case dismissed due to a lack of evidence. Short of that, the majority of criminal cases which are dismissed are voluntarily dismissed by the prosecution as a part of a plea agreement or after the prosecution realizes that they lack sufficient evidence to convict. A experienced criminal defense attorney who has developed a relationship of mutual respect and credibility with the prosecutor's office is your best bet for achieving either or these results. The government is far more likely to believe attorneys with established reputations than persons without attorneys when evaluating claims that the government's evidence is weak. Finally, experienced criminal attorneys may, after fully investigating a case, see technical defenses of which a person without legal help may not be aware. Such defenses are often used as a basis for motions to dismiss the state's case. This can be done either by a judge after a motion hearing or by the government voluntarily if they eventually come to agree with the defense attorney's views. Unrepresented defendants, on the other hand, have virtually no credibility when claiming that there is insufficient evidence, since they have a personal motivation to lie. Pro se (unrepresented) defendants and are far less likely than local defense attorneys to appear in the future before that particular district attorney's office at which time they may need to present credible arguments on behalf of future clients. Hence, the government perceives a reputable criminal defense attorney to be far more credible in their claims than a defendant without an attorney.