How to Get Your Case Dismissed.
Understanding common legal arguments and procedural issues that could lead to dismissal of a Massachusetts criminal case. A dismissal means the charges are dropped — and you avoid a conviction entirely.
What a Dismissal Actually Means.
A dismissal means the court drops the charges against you — whether because of a legal issue, a procedural error, or a lack of evidence. There are two important variations.
With Prejudice
The case cannot be refiled — you are permanently free of the charges.
Without Prejudice
The prosecutor can refile later, often after fixing a legal or procedural issue.
Legal Arguments That Can Get a Case Dismissed.
Below are the most common arguments defense attorneys use to seek dismissal — from constitutional violations to evidentiary failures.
Lack of Probable Cause at Arrest
Police must have a reasonable belief you committed a crime to make a lawful arrest. If they did not, your attorney can file a Motion to Dismiss for Lack of Probable Cause under Mass. R. Crim. P. 13.
Example
You were arrested for shoplifting because you were near a store where a theft occurred, but no one saw you take anything. With no direct evidence, the case could be dismissed.
Illegal Search & Seizure (4th Amendment)
If police searched you, your car, or your home without a valid warrant or probable cause, the evidence can be excluded. A Motion to Suppress may leave the prosecution without enough to proceed.
Example
Police searched your car without a warrant or probable cause and found drugs. If the search was illegal, the drugs cannot be used in court — leading to dismissal.
Failure to Read Miranda Rights (5th Amendment)
If you were interrogated in custody and never Mirandized, your statements can be suppressed. If the prosecution relies on that confession, the case may collapse.
Example
You were arrested for OUI and made incriminating statements before being read your Miranda rights. Those statements can be suppressed, potentially leading to dismissal.
Insufficient Evidence to Proceed
The Commonwealth must prove guilt beyond a reasonable doubt. Your attorney can move to dismiss for insufficient evidence under Commonwealth v. Latimore, 378 Mass. 671 (1979).
Example
You are charged with assault, but there are no witnesses or physical evidence — only the alleged victim's word. The case may be dismissed for insufficient evidence.
Statute of Limitations Expired
Every crime has a time limit for prosecution. If that period has passed, the case must be dismissed.
Example
You are charged with larceny from 10 years ago, but the statute of limitations for larceny is 6 years. The case should be dismissed.
Speedy Trial / Rule 36 Violation
If a case has dragged on unreasonably, your attorney can file a Motion to Dismiss for Violation of Mass. R. Crim. P. 36.
Example
You were charged with OUI, but the case has been pending for 3 years with no trial date. That delay may lead to dismissal.
Prosecutorial Misconduct
If the prosecutor withholds evidence or pressures witnesses, the case may be dismissed under Brady v. Maryland, 373 U.S. 83 (1963).
Example
The prosecution fails to turn over surveillance footage showing you were not at the crime scene — grounds for dismissal.
Procedural Errors That Can End a Case.
Even when there is some evidence against you, errors in legal procedure can still lead to a dismissal.
Faulty Complaint or Indictment
If charges were not properly filed — defective documents, wrong jurisdiction, or charging errors — your attorney can move to dismiss the complaint or indictment.
Police or Witnesses Fail to Appear
If key witnesses (or the arresting officer) repeatedly miss court dates, the prosecution may be unable to proceed and the judge may dismiss the case.
Alternative Paths to Dismissal.
Even when outright dismissal isn't available, you may qualify for programs that result in dismissal after successful completion.
Pretrial Diversion (G.L. c. 276A)
First-time, non-violent offenders may complete counseling, community service, or treatment in exchange for dismissal.
Example
First-time shoplifting charge — a diversion program could allow dismissal after completing a theft prevention class.
Pretrial Probation
Comply with conditions (such as staying out of trouble) for a set period. If successful, the case is dismissed without a conviction.
Example
Minor drug possession — the judge agrees to dismiss if you stay drug-free for 6 months.
Our Approach to Getting Cases Dismissed.
- Challenge unlawful evidence through Motions to Suppress
- Argue procedural violations to have charges dismissed
- Negotiate pretrial resolutions that result in dismissal
- Pursue diversion or pretrial probation when appropriate
- File Motions to Dismiss for insufficient evidence
- Hold the prosecution to its Brady & speedy trial duties
Contact Us
Facing criminal charges in Massachusetts? Contact a defense attorney immediately to explore your options for dismissal.
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Brockton, MA 02301
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