2. Read and write down what happened

The sooner you write down everything that happened to you, the better you you will be able to accurately  remember  the facts. This will help us build a better case for you. Write down all of the facts from your point of view and include as many details as you can remember. Make sure that you keep the events in the order that they happened. For example, write down what happened first, second, third, etc. Our Fort Bend Criminal Lawyer defense team will review your written facts to help develop your best defense.

• Keep in mind that Police reports do not include many details and they can also be biased depending on when the officer arrived on the scene.
• For example, suppose you were arrested after a fight at a basketball game. When the officer broke the fight up, you were on top and your opponent just decided to get some “act right.” Based on what he saw, the officer may have assumed that you started the fight. However, you might have been acting in self-defense and the other man could have attacked you without any reason.

3. Talk to witnesses

If there was anyone present who saw the events that led to your arrest, find out what they saw. An eyewitness who doesn’t know you is a strong witness. If they are willing to testify on your behalf, this may persuade the prosecutor to dismiss the charges against you. This is even more likely if there is little physical evidence to support a conviction.

• On the other hand, if the victim of the crime or key witnesses are unwilling to come forward and testify against you, the prosecutor also may drop the charges. Prosecutors carry the burden of proof (Beyond a Reasonable Doubt) and need to provide a lot of evidence. It may be that without any witnesses the prosecutor can’t build a case.

4. Question the actions of law enforcement

You may be able to get the charges against you dismissed in Fort Bend if the police violated your Constitutional rights. Fort Bend Police can’t arrest you without probable cause (an unbiased reasonable belief that you committed the crime), based on neutral unbiased facts. If the officer who arrested you didn’t have probable cause, you can’t be prosecuted for the crime. We get many Fort Bend and Houston Criminal cases dismissed this way. Our Fort Bend Criminal Lawyer defense team will review the facts of your arrest to determine whether the officer had probable  cause to arrest you in the first place.

• For example, if you were arrested for robbing a Fort Bend convenience store because you were in the Richmond area, matched the description of the robber provided by the store clerk, and were wearing similar clothes, that may constitute probable cause. However, if you were arrested for the same crime because you happened to be in the Fort Bend area, but didn’t match the description, you could argue that the officer didn’t have probable cause to arrest you.
• Police also must have probable cause to stop you or to search you. Unless you consent to a search, the officer must get a warrant before he or she can conduct a search in Fort Bend County. If the officer conducts a search without a warrant, any of the evidence found can’t be used against you in court.
• If you believe your Constitutional rights were violated in your arrest or subsequent actions by the police, it’s important to raise the issue with our Fort Bend Criminal Lawyer team. An experienced Fort Bend defense attorney will be able to look into police procedures and assess whether any violations occurred.

5. Review the elements of the crime

Fort Bend County prosecutors must prove each and every element of the crime beyond a reasonable doubt. If there is just some weak evidence connecting you to the crime, but no proof that you committed the crime, it may be difficult for Fort Bend prosecutors to build his or her case.

• For example, if you’ve been charged with shoplifting, the prosecutor must prove that you concealed an item and that you intended to remove the item from the store without paying for it. Without much evidence of intent, the prosecutor will have a hard time getting a conviction.
• Just because you were merely present during a shop lifting, doesn’t give the prosecutor the needed elements to prove you also intended to steal items. Our Fort Bend Criminal Lawyer defense team will review the facts of your arrest to determine whether the prosecutor can prove every required element of the crime beyond a reasonable doubt or the case should be dismissed.

6. Determine what physical evidence is available

Fort Bend Count Prosecutors often dismiss charges due to a lack of evidence. In a Fort Bend criminal case, the prosecution has the burden of proving beyond a reasonable doubt that you committed the crime with which you were charged. If the Fort Bend prosecutor doesn’t have sufficient evidence to meet that burden, he or she may drop the charges. Our Fort Bend Criminal Lawyer team has gotten numerous criminal cases dismissed for Insufficient Evidence to Prove Beyond a Reasonable Doubt.  

• In some cases, the Fort Bend prosecutor will be unable to prove his or her case without certain physical evidence. For example, it would be almost impossible to prove beyond a reasonable doubt that someone was guilty of murder in Fort Bend if the body of the victim had never been found.
• Keep in mind that it may take several months for the Fort Bend County prosecution to figure out there isn’t enough evidence in the case and then dismiss it.
• Our Fort Bend Criminal Lawyer defense team will review the facts of your arrest to determine whether the prosecutor has sufficient evidence to prove every  element of the crime beyond a reasonable doubt or the case should be dismissed for insufficient evidence.

7. Consider alternative defenses

In Fort Bend County prosecutors must prove each and every element of the crime beyond a reasonable doubt. If there is just some weak evidence connecting you to the crime, but no proof that you committed the crime, it may be difficult for Fort Bend prosecutors to build his or her case.

• For example, if you’ve been charged with shoplifting, the prosecutor must prove that you concealed an item and that you intended to remove the item from the store without paying for it. Without much evidence of intent, the prosecutor will have a hard time getting a conviction.
• Just because you were merely present during a shop lifting, doesn’t give the prosecutor the needed elements to prove you also intended to steal items. Our Fort Bend Criminal Lawyer defense team will review the facts of your arrest to determine whether the prosecutor can prove every required element of the crime beyond a reasonable doubt or the case should be dismissed.

8. Meet the prosecutor

After you have prepared your case with our Fort Bend Criminal Lawyer,  We will discuss the charges with the Fort Bend County prosecutor. If you were wrongfully charged in Fort Bend with a crime you didn’t commit, or if there’s little to no evidence that you did commit the crime, the Fort Bend prosecutor may be willing to drop the charges in some circumstances. Our Fort Bend Criminal Lawyer team will discuss your case with the Fort Bend Assistant District Attorney regarding any wrongful charges, insufficient evidence, or mitigation factors within your case.

• Fort Bend County Prosecutors have limited resources, so if you were charged with a minor crime such as trespassing, the prosecutor may be more inclined to drop the charges rather than spend time and money prosecuting you.
• You will need an Fort Bend Criminal attorney if you want to meet with the prosecuting attorney, either before or after formal charges have been filed.

9. Explain the situation

Telling the prosecutor your side of the story before you are formally charged can go a long way towards preventing charges from ever being filed against you in the first place. Prosecutors may even dismiss charges if certain circumstances are present. For example, if you have no prior criminal convictions and lead an otherwise responsible life, a Fort Bend prosecutor might be inclined to dismiss a minor charge or not formally charge you at all if certain factors exist. Our Fort Bend Criminal Lawyer team can explain your situation to the Fort Bend County Prosecutor in some cases before you are formally charged and get the prosecutor to drop any potential charges in some instances saving time & money.  

• Dismissal is also possible where there are questions about the facts, or not a lot of evidence. However, the Fort Bend prosecutor is far more likely to consider dismissing the charges if you tell him or her about yourself and explain the circumstances leading to your arrest.
• For example, if you were arrested for robbing a bank in Fort Bend, but at the time of the bank robbery you were eating lunch at a restaurant in Houston, our Fort Bend Criminal Attorney team might present evidence of that such as a receipt from the restaurant or testimony from the Fort Bend restaurant employees who served you.
• If you are a first-time offender, the likelihood of getting your charges dropped is much greater, if you were charged with a minor crime.
• Our Fort Bend Criminal Lawyer defense team has gotten numerous cases dismissed by explaining favorable evidence and/or for first time offenders.