The Fourth Amendment requires police to have probable cause before issuing a warrant for your arrest.You can have the charges against you dismissed if the information contained in the warrant is not sufficient to prove probable cause.If you want to challenge probable cause, you must request a hearing and hire an attorney to file a motion to dismiss.
Step 1: Ask for a delay.
It's usually a week or two before you're scheduled to be in court.Asking for a continuance can give you time to find your own attorney if you aren't currently in jail.If you were arrested on a Friday and the courts are not in session, you may have to wait longer for your court appearance.You have the right to an attorney.If you can't afford an attorney, the judge will appoint a public defender to represent you and give you a chance to discuss the charges with them.Hire a private criminal defense attorney if you want to challenge the evidence.
Step 2: The charges should be responded to.
You will be given a written summary of the charges against you and asked how you plead.You must plead not guilty if you want to challenge probable cause.The judge will ask you questions to make sure you understand the charges against you.Answer the questions honestly.You can ask the judge if you have any questions or concerns about the charges.Before the judge accepts your plea, he or she must make sure you understand the charges.
Step 3: The judge will review your bail status.
If you've already had a bail hearing, you can ask the judge to reduce or eliminate your bail.The judge will set bail if it hasn't been set yet.If you've already posted bail, the prosecutor may argue that there's new information justifying an increase in bail.The judge will decide if bail should be increased or decreased.The severity of the charges against you and how much of a flight risk you represent are factors involved in this decision.The judge can impose conditions on your release, such as forbidding you from drinking alcohol or requiring you to stay in the state.Depending on the charges against you, these conditions can vary.
Step 4: There is a probable cause hearing.
The judge usually sets dates to hear the motions.If you want to challenge the probable cause police had for the search warrant or warrant for arrest, you should request a probable Cause Hearing.The probable cause hearing can be scheduled no later than two or three weeks after the date of your arrest.If you don't have an attorney at the hearing, the attorney you hire may ask for a delay.Request one and get the issue on the court's docket.You can request a probable cause hearing by filling out a form.Information about you and the charges against you are required on the form.
Step 5: Referred from family or friends.
The best attorney recommendations come from people you know and trust.If you've used an attorney for a different matter, they might know a criminal defense attorney they can recommend.If you know a person who recently had criminal charges dismissed, you might ask if they used a good attorney.Even if they practice in another field of law, attorneys can still be great sources of recommendations.Attorneys tend to know other attorneys who practice in different fields than they do through law school and professional functions.Just because you get a recommendation doesn't mean that attorney will be your best choice.You have to make sure the attorney handles your case.An attorney who specializes in drunk driving may not be the best person to handle the charges.
Step 6: There are lawyer directories.
A directory of attorneys licensed to practice law in your area can be found on the website of your state or local bar association.This directory can be used to find a criminal defense attorney with experience challenging probable cause.If you have the names of a few attorneys from the directory, you can check out their websites.You can learn more about each attorney's background and practice.Search online for client reviews for each attorney.Your state or local bar association may have information about whether an attorney has been disciplined for violating professional rules.
Step 7: Interview at least three attorneys.
You can compare and contrast attorneys to find the best one to meet your needs and budget, if you talk to several attorneys before you choose one.Attorneys usually give a free initial consultation.Before the consultation, make sure you give the attorneys any requested information.Make a list of questions to ask the attorney.If you want to challenge probable cause, ask each attorney about their experience filing motions to dismiss, as well as their success rate.Bring this up during the initial consultation if you have concerns about your ability to pay attorney's fees.Criminal defense attorneys are accustomed to clients with limited funds, and they may be willing to work with you regarding payment arrangements, but they need to know about financial issues up front.
Step 8: You should make your final choice.
After talking to a few attorneys, you're ready to pick the one you think will be your strongest defender and advocate.It's important to choose an attorney with experience, but don't be afraid to go with your gut.If you want to avoid making a decision based on financial issues, take fees into account.If you were to spend time in jail, it could have a negative impact on your life.You should meet with your attorney as soon as possible to get a retainer agreement.Your attorney will make sure you understand the agreement before you sign it.Once you've retained your attorney, he or she will discuss defense strategy with you and plan the next steps to file a motion to dismiss the charges.
Step 9: Inquire about the circumstances of the warrant.
The Fourth Amendment doesn't define probable cause, but the circumstances set forth in the warrant must show that the information is reliable enough to make an arrest.The information used to justify a warrant does not have to prove that a crime has been committed.The police officer must have an objectively reasonable suspicion of criminal activity in order for probable cause to be considered.The information to justify a warrant can be used at trial.The judge who approves a warrant can use evidence that could never be used in court to prove your guilt.The information needs to be based on named sources that have a reason to know what the officer is told.
Step 10: You should draft your motion.
A motion to dismiss the case must be drafted by your attorney if you want the charges against you to be thrown out.Basic reasons you believe the warrant was not supported are included in the motion.Your motion to dismiss would argue that the information in the affidavit was too vague to constitute probable cause.
Step 11: You should file your motion.
After the motion to dismiss is complete, it must be filed with the court and delivered to the prosecuting attorney, who typically will file a response before the trial begins.The court will schedule the hearing when you file your motion.There isn't much time to prepare for the hearing since it must be scheduled within a couple of weeks.If the prosecutor requests more time or the court can't schedule the hearing within a couple of weeks, your attorney may try to get you out of jail.
Step 12: You should attend the hearing.
The judge will hold a hearing on the motion before a trial is scheduled.You can present evidence at the hearing to support your arguments.The court will determine if probable cause existed to believe you committed the offense at the hearing.Some evidence that the officer relied on in the affidavit supporting the warrant may not be allowed because of the standard rules for the introduction of evidence.You will be able to have witnesses testify on your behalf and introduce evidence that supports your argument that the warrant was based on insufficient probable cause.If your attorney believes testimony could harm your chances at trial, you won't be called to testify at a probable cause hearing.The police officer who requested the warrant will be called by the prosecutor to testify.You have the right to cross-examine any witnesses called by the prosecution by asking them questions related to their knowledge and the facts to which they testified.
Step 13: Wait for the judge's ruling.
If the judge rules in your favor, the charges against you will be thrown out.The prosecutor can't appeal the ruling.After establishing probable cause, they can refile charges against you.You can't appeal the judge's ruling if they deny your motion.Your case will go to trial, and the issue may come up in subsequent post-conviction appeals.If your motion to dismiss is denied, the judge will set your case for trial.If the judge denies your motion to dismiss, he or she will review your bail and release conditions.If your attorney got you released on your own recognizance pending the outcome of the probable cause hearing, the judge may order you to post bail for continued release.Criminal charges can be dismissed for lack of probable cause.The probable cause hearing gives you and your attorney a chance to learn more about the prosecution's case against you, and expose possible weaknesses that can be exploited at trial.