If you are involved in a criminal investigation and are worried about charges being brought, or are facing legal proceedings after being charged with an offence, it can be hard to know what to expect from the legal process. Not every criminal or civil case progresses to trial. In fact, there are several possible outcomes depending on the offence, which can include having charges dropped, a penalty issued outside of any court hearings or a full criminal trial.

The court and the Crown Prosecution Service (CPS) both have the jurisdiction to decide whether to pursue a trial for an offence, or to drop the charges. An experienced criminal defence solicitor may be able to provide sufficient evidence to have your case dismissed, or have the CPS decide that it's not in the public interest to pursue. The legal team at Tyler Hoffman has a wealth of experience in defending those accused of criminal offences and is often successful at securing case dismissal through strong evidence.

Courts can dismiss or discontinue proceedings before the hearing stage, and this typically occurs when continuing with the case is no longer justified due to procedural, evidential or legal reasons. Legal support provided by a specialist criminal defence solicitor can help you to build a strong case that demonstrates your innocence, challenges the prosecution's case and the evidence collected, and shows that there is no good argument to continue to a court date.

Why might a case be dismissed?

There are several reasons why cases might be dismissed. It's important to understand that this is not the same as being formally acquitted and, in some cases, proceedings can be brought again at a later date if further evidence arises or there are other changes that warrant new charges being brought.

In criminal matters, the decision to dismiss rests with the court, usually a magistrate or a judge, depending on the court level. The Crown Prosecution Service or the police may also decide to discontinue a prosecution before trial for any of the following reasons:

Insufficient evidence

If the prosecution or claimant cannot present sufficient admissible evidence to support their case, the court may dismiss it. In criminal cases, this can occur before trial if the evidence is fundamentally flawed. The team at Tyler Hoffman can advise you on whether we believe the prosecution's case has enough evidence to proceed, and whether there was evidence obtained illegally that could be ruled inadmissible. Our approach is always to examine all of the evidence thoroughly, including how it was collected, to verify that it is lawful and free from errors.

Procedural errors

Cases can be dismissed where procedural rules have not been followed. This can include everything from failing to meet the relevant deadlines to making mistakes like serving documents improperly, failing to disclose evidence, or causing delays that amount to an abuse of process.

Such procedural breaches and failure to follow proper procedures can make a fair trial impossible and lead to a court case being thrown out.

Abuses of the process

If we can prove that continuing the case would be unjust or oppressive, such as where there has been misconduct by investigators or an unreasonable delay in proceedings, we may apply for the case to be stayed or dismissed. This is one reason why it is important to involve a criminal defence solicitor in your case from the very beginning.

Public interest considerations

The CPS has a duty to assess whether continuing a prosecution serves the public interest. Even if key evidence exists, a case may be discontinued if pursuing it would not benefit the public. This is most common in cases of alleged crimes that are minor offences and where mitigating factors would likely lead to a not guilty verdict or a minimal sentence.

No case to answer

During preliminary hearings or after reviewing the evidence, the defence may argue that there is no case to answer because the prosecution has failed to establish a prima facie case. If the judge agrees, the case may be dismissed before trial.

How can a criminal defence solicitor help you get your case dismissed?

Defendants have several potential routes to seek a dismissal before trial, but the most important step is to instruct an expert criminal law solicitor to prepare your defence. With the right legal guidance and a thorough approach to examining evidence, it is sometimes possible to show that a criminal investigation was conducted with procedural errors, or that it is not in the public interest to pursue the prosecution.

The team at Tyler Hoffman can represent you in police interviews, attend court, speak to key witnesses and examine the prosecution's case in detail, and then offer expert legal advice on how best to approach your defence. If we believe your case should be dismissed, we will:

• Submit a written application to the court requesting dismissal on evidential or procedural grounds.
• Identify weaknesses in the prosecution’s case and make formal submissions for dismissal.
• Challenge the admissibility of evidence that we believe was obtained unlawfully or prejudicially.
• Argue abuse of process if continuing proceedings would compromise justice.
• Request a review by the CPS and ask prosecutors to reconsider their decision to continue based on any new representations or evidence provided.

We offer legal assistance at all stages of this process and can help you to take effective steps towards having charges dropped. In cases where prosecution cannot be avoided, we will represent you in court hearings, present witness testimony, documents and forensic evidence in your defence, and work to mitigate any potential penalties in case you are convicted.