Can You Get This Dismissed? What Would Need to Be True for That to Happen?

One of the first questions people ask after an arrest or charge is: Can you get this dismissed?” The honest answer is: sometimes, but it depends on the law, the evidence, and whether key facts line up in your favor.

A dismissal means the case ends without a conviction. That can happen early, before trial, or later if the State can’t meet its burden. Below are some common fact patterns that may support a dismissal (or put the case in a strong posture for one).

1) The State can’t prove an essential element

Every charge has specific elements the prosecutor must prove beyond a reasonable doubt. A case may be vulnerable if facts show:

You weren’t the person involved (misidentification);

The alleged conduct doesn’t meet the legal definition of the offense; or

The required intent (“knowingly,” “intentionally,” etc.) can’t be shown.

2) The evidence was obtained illegally

If police lacked a valid legal basis, critical evidence may be suppressed and without it, the case may collapse. Facts that matter include:

No warrant when one was required;

No valid exception to the warrant requirement;

An unlawful traffic stop, detention, or arrest; or

A coerced or involuntary statement.

3) Witness or victim issues undermine the case

Dismissal becomes more likely when facts show:

The key witness recants or won’t cooperate;

The witness’s account materially changes; or 

There are credibility problems (bias, motive, intoxication, inconsistent statements).

4) Missing evidence or chain-of-custody problems

Real cases fall apart due to logistics. Examples:

Bodycam/video was never collected or was lost;

Lab results are inconclusive or delayed; or

Evidence can’t be authenticated due to chain-of-custody gaps.

5) Legal or procedural defects

Sometimes the issue is “paperwork,” but it still matters. Facts that can help:

The wrong charge was filed under the wrong statute;

The probable cause affidavit is clearly insufficient; or 

Deadlines weren’t met (in some circumstances).

6) Diversion or negotiated dismissal may be available

Even if the State could proceed, dismissal may be possible through programs or agreements, often tied to facts like:

No prior record;

Low-level/non-violent allegations;

Restitution paid or counseling completed; or

Community service or other conditions.

What you should do right now? 

Dismissals are fact-driven. The fastest way to assess your chances is to gather the timeline and evidence: reports, warrants, videos, messages, names of witnesses, and any documents from court. Then have counsel review whether suppression motions, evidentiary challenges, or procedural defenses apply.

Do you have questions about your case? Call Brinkley Law today at 317-766-1379. 

This blog is general information, not legal advice. If you want an informed answer about whether your case can be dismissed, a confidential consultation can help evaluate the specific facts and options.