Under what circumstances will an attorney file a motion to dismiss a charge?

Asked about 5 years ago - Austin, TX

I was mistakenly identified by an undercover police officer and I wanted to know if that is sufficient to have that charged dropped.

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    Answered . If you are asking whether just saying to the prosecutor that you have been mistakenly identified as the person who committed a crime, then the answer is no. If you have some other form of proof (such as other witness statements or the inability of a police officer to identify you after the fact or a police officer's description of a person that doesn't match you), then your attorney may be able to convince the prosecutor that the case should be dismissed.

    You should contact someone who practices in your area to discuss your case and whether or not a dismissal is likely in this situation.

  2. Answered . Identity is a fact issue the state has to prove at trial beyond a reasonable doubt. Just because you believe you were wrongfully identified does not mean that the State has to dismiss a case. What to do? Start interviewing local defense lawyers. Ask each lawyer how they would defend your case. I would not recommend marching into the DA's office or court sans counsel to proclaim your innocence. This is not the time for amateur lawyering. Hire the right lawyer to assist.

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