When the prosecution brings forth a criminal case, it may not necessarily result in a sentence/punishment, or even a trial. A lot of times, the prosecution and defense attorney (with the client) reach a deal rather than going to trial.
Other occasions might see a case being dropped by the prosecution, dismissed in court, or the accused being acquitted during trial.
On most occasions, On many occasions, it is a weak criminal case that works in favor of the accused. While there can be a few reasons for such an occasion, there are a few tell-tale signs that show the criminal case is weak.
These signs can come from a variety of factors, but mostly they’re about procedural issues. An adequate defense of the accused can also work in their favor, though that doesn’t mean that the criminal case is weak.
Mistakes in a criminal complaint are a sign of weakness in the case. These mistakes can include the filing of incorrect charges or presenting incorrect claims and facts.
The actions of the police can also be a factor that makes the criminal case weak. An unlawful arrest can make even an otherwise good criminal case weak. This includes the establishment of probable cause where applicable.
Before the police arrest or investigate a citizen, they have to establish a probable cause that warrants such an investigation. In case the police didn’t have or can’t establish a suitable probable cause, the criminal case becomes weak. Even if such an investigation resulted in an arrest, the lack of probable cause can be a big problem.
Similarly, any unlawful search or unlawfully obtained evidence will make a criminal case weak. Any evidence for use in a criminal case must be obtained legally and must be handled properly until it is presented at trial. Failure to meet these conditions can make the evidence inadmissible in court.
Similarly, the prosecution losing evidence can also make the criminal case weak. While this is a rare occurrence, it can occasionally happen.
Just like evidence, the presence of witnesses is important for a criminal case. The inability of the prosecution to find and present credible witnesses in court will have an effect on the criminal case. Witnesses with a good reputation and character are generally considered credible.
Finally, there is the prosecution’s inability to provide adequate proof of guilt. Our justice system demands that the proof presented in a criminal case must prove the guilt of the accused “beyond a reasonable doubt.”
The burden of proof lies on the prosecutor. In some cases, the prosecutor may determine that the evidence they have isn’t enough to take the case to trial. This can result in the prosecutor dropping the case. Alternatively, the prosecutor and the defense attorney might work out a plea deal, where the defense attorney tries to get the best results for the accused.