How to Get a Criminal Case Dismissed in Indiana
When a criminal case is dismissed, it means the charges against the defendant are dropped, and the case does not proceed to trial. A dismissal can occur for many reasons, including lack of evidence, procedural errors, constitutional violations, and legal defenses.
A dismissal may be:
With Prejudice – The case is permanently closed, and charges cannot be refiled.
Without Prejudice – The prosecution may refile charges in the future if new evidence emerges.
A dismissal is not the same as an acquittal (which occurs after a trial). Instead, a dismissal ends the case before a trial takes place.
Common Ways to Get a Criminal Case Dismissed in Indiana
1. Lack of Probable Cause
Probable cause is the legal standard that law enforcement must meet before making an arrest or filing charges. If there is insufficient evidence to support the charges, the court may dismiss the case.
Common reasons for lack of probable cause include:
Arrest based on insufficient or unreliable evidence
Witness statements that do not support the charge
Charges based on speculation rather than facts
Misidentification by police or witnesses
Your attorney can challenge probable cause through a motion to dismiss or at a preliminary hearing before trial.
2. Suppression of Evidence (Exclusionary Rule)
If law enforcement violates your constitutional rights during an investigation, certain evidence may be deemed inadmissible in court. This can weaken the prosecution’s case and lead to dismissal.
Common reasons for evidence suppression include:
Illegal Search and Seizure – If police search your property without a warrant or probable cause (Fourth Amendment violation)
Failure to Read Miranda Rights – If police fail to advise you of your right to remain silent and right to an attorney (Fifth Amendment violation)
Coerced Confessions – If law enforcement pressured or tricked you into confessing
Improper Police Procedures – If law enforcement failed to follow legal procedures for obtaining evidence
Your defense attorney can file a motion to suppress evidence if any of these violations occurred.
3. Witness Issues (Unreliable, Unavailable, or Uncooperative Witnesses)
In many criminal cases, the prosecution’s case depends heavily on witness testimony. If key witnesses are unavailable, unreliable, or unwilling to testify, the case may be dismissed.
Common witness-related issues include:
A witness recants (takes back) their statement
A witness refuses to testify or cannot be located
A witness is not credible (history of lying, bias, criminal record)
Contradictory witness statements that weaken the prosecution’s case
Your attorney can challenge witness credibility and highlight inconsistencies to get charges dropped or dismissed.
4. Diversion or Conditional Discharge Programs
For some first-time, low-level offenses, Indiana offers diversion programs that allow a defendant to avoid a conviction if they meet certain conditions.
Common diversion program conditions include:
Community service
Drug or alcohol counseling
Anger management or domestic violence courses
No further arrests for a set period
If the defendant successfully completes the program, the charges are dismissed, and there is no criminal record. These programs are often available for minor drug offenses, first-time DUIs, and misdemeanor theft cases.
5. Affirmative Defenses (Legal Justifications for Dismissal)
In some cases, the law allows a defendant to argue that their actions were legally justified. These are called affirmative defenses, and if successful, they can lead to dismissal.
Common affirmative defenses include:
Self-Defense – If you were protecting yourself or others from imminent harm
Entrapment – If law enforcement pressured you into committing a crime
Necessity – If you committed the act to prevent greater harm
Duress – If you committed the crime under threat of serious harm
If the defense can prove one of these justifications, the judge may dismiss the case.
6. Prosecutorial Discretion & Plea Negotiations
In some cases, prosecutors may voluntarily dismiss charges if they believe:
The evidence is too weak to prove guilt beyond a reasonable doubt
Witnesses are unreliable or unavailable
The defendant is cooperating with law enforcement in another case
A plea agreement is reached for lesser charges
A skilled defense attorney can negotiate with the prosecutor to get charges dropped or reduced before trial.
What Should You Do If You're Facing Criminal Charges?
If you're facing criminal charges in Indiana, you should not assume a conviction is inevitable. Many cases never go to trial because an experienced criminal defense attorney can challenge the prosecution’s evidence and push for dismissal.
How a Criminal Defense Attorney Can Help:
✔ Analyze the evidence and file motions to suppress illegal evidence
✔ Challenge probable cause and file a motion to dismiss
✔ Negotiate with the prosecutor for dismissal or reduced charges
✔ Expose witness credibility issues
✔ Pursue diversion programs for eligible defendants
Speak With an Indiana Criminal Defense Attorney Today
If you are facing criminal charges, it is critical to have experienced legal representation to explore all possible defenses. At Vining Legal, we fight aggressively to get charges dismissed and protect your rights.
📞 Call (317) 759-3225 or schedule a consultation today to discuss your case.
