FREE Case Review (866) 588-0600

Top 5 Signs That a Criminal Case Is Weak
& It Can Be Dismissed

One of the biggest misconceptions people have about criminal cases is that they’re unbeatable. However, only 5-10% of cases actually go to trial, with about 90% of cases being dismissed because they are weak for a variety of reasons.
Awards & recognition
C.L. Mike Schmidt Published by C.L. Mike Schmidt

Schmidt & Clark, LLP is not currently accepting these types of cases and has posted this content for information purposes only. We encourage you to seek a qualified attorney, if you feel you might have a case.


Top 5 Signs that a Criminal Case is Weak

Many criminal charges are dismissed, reduced, or settled on terms favorable to the defendant due to weaknesses on the part of the prosecution. The top 5 signs of a weak criminal case include:

  • An unlawful arrest
  • Lack of evidence
  • No credible witnesses
  • Errors in the criminal complaint
  • Valid legal defense for the defendant

What is the Most Reliable Type of Evidence?

Physical evidence is some of the most reliable evidence because it can back up or disprove witness testimony, link people to crime scenes, and help reconstruct a crime. The term "physical evidence" refers to any tangible evidence, like an object that can be touched or held, which is found at a crime scene.

What is the Weakest Type of Evidence?

Circumstantial evidence is indirect evidence that may infer the commission of a crime as it does not directly prove a key fact. The disadvantage of this type of evidence is that it is indirect: you must piece it all together and then determine whether or not it leads to a reasonable conclusion about the fact that is to be proved.

Also Read: Can Affidavit Be Used as Evidence?

What is the Hardest Thing to Prove?

Since intent is a mental state, it is one of the hardest things to prove in court. In most cases, there is no direct evidence of a defendant's intent, as almost nobody who commits a crime admits it. To prove criminal intent, the prosecution has to mainly rely on circumstantial evidence.

How Much Evidence is Needed to Convict Someone?

In order to convict an accused person, the prosecutor must prove beyond a reasonable doubt that the defendant committed the crime they are charged with. To accomplish this, they must prove:

  • That the person engaged in criminal behavior
  • That they had the state of mind required for that crime

What is the Hardest Crime to Prosecute?

The most severe criminal charge that a person can face is first-degree murder. Although all murder charges are serious, first-degree murder carries the harshest punishment possible. This is because it entails premeditation, which means the defendant is accused of planning their victim's death beforehand. This is known as malice aforethought.

Related Article: Tort vs Criminal Law

Get a Free Lawsuit Evaluation With Our Lawyers

The Product Liability Litigation Group at our law firm is an experienced team of trial lawyers focusing on plaintiffs' representation in lawsuits. We are handling individual litigation nationwide and currently accepting new legal challenges in all 50 states.

If you or a loved one was injured, you should contact our law firm immediately for a free case evaluation. You may be entitled to a settlement by filing a suit and we can help.