Can I Get My Case Dismissed Before Trial?
If someone you love has just been arrested in Montgomery County, you're probably scared, confused, and not sure what to do first. Here's a clear breakdown of what happens next — and how to get help fast.
Not every criminal case ends up going to trial. Many cases resolve earlier in the process — sometimes through dismissal. Here are the most common ways that can happen and what affects the odds.
Not every criminal case ends up going to trial. Many cases resolve earlier in the process — sometimes through dismissal. Here are the most common ways that can happen and what affects the odds.
Common Ways a Case Can Be Dismissed
- Insufficient evidence to proceed
- Constitutional violations, such as an unlawful search or improper arrest
- Successful pretrial motions challenging evidence or procedure
- Completion of a diversion program (for certain charges)
- Prosecutorial discretion, when the state decides not to pursue the case further
What Role Does an Attorney Play?
An attorney can review the evidence and police conduct for weaknesses, file motions to suppress improperly obtained evidence, and negotiate directly with the prosecutor — all of which can open the door to dismissal before a case ever reaches trial.
Does Every Case Qualify for Dismissal?
No. Whether dismissal is realistic depends heavily on the specific facts, the strength of the evidence, and the charge involved. An honest case evaluation early on is the best way to understand your real options.
What Should You Do Right Now?
- Avoid discussing your case details with anyone besides your attorney
- Gather and preserve any evidence or documentation that could help your defense
- Get an experienced attorney to evaluate your case as early as possible
Step 1: Booking and Processing
After an arrest, the person is taken to the Montgomery County Jail for booking. This includes fingerprinting, photographs, and a records check. This process can take anywhere from a few hours to most of a day, depending on how busy the jail is.