Dallas Criminal Lawyer Tells How To Get A Prosecutor To Dismiss a Criminal Case

Sometimes, when a defendant has a very good defense, a skilled lawyer can convince a prosecutor to dismiss the case, says John Helms Dallas criminal lawyer.

Sometimes, when a defendant has a very good defense, a skilled lawyer can convince a prosecutor to dismiss the case.  This generally happens when the defense can be proved with something other than just the defendant’s word, such as with documents or other sources, and when it is a defense that the prosecutor has not already considered adds John Helms Dallas criminal lawyer.

As a top Dallas criminal lawyer I recently convinced a federal prosecutor to dismiss all charges in a federal child pornography case using this strategy.  Here is how I did it.

My client had arrived in the United States by plane on a tourist visa.  He was sent to secondary screening at DFW airport.  There, his cell phone was searched, and images were found of a young child whose genitals were exposed.  A federal agent with child pornography experience was called, and the agent determined that the images exhibited the boy’s genitals in a “lewd and lascivious manner.” My client was immediately arrested.

After talking to my client’s family, I learned that the boy in the photos was my client’s child and that he had a medical condition called phimosis, in which the uncircumcised foreskin of the penis sticks to the head of the penis. This can make urination difficult and cause infections.  It is treated by creams and by stretching the foreskin.  The family was able to get a letter from the boy’s pediatrician stating that he had diagnosed the boy with phimosis.  We were also able to get prescription records about the boy’s condition.

Armed with this documentation and articles about the medical condition, I met with the prosecutor and presented her with the evidence.  I knew the prosecutor was smart and a good prosecutor who did not want to charge an innocent person.  I made sure not to be pushy or aggressive because I wanted her to trust me. As a former federal prosecutor, I knew this approach would give me more credibility.  I therefore gave her the information and let her know that I trusted her to make the right decision.  The next day, the prosecutor let me know that she was dismissing all charges.

The lesson from this experience is that a criminal defense lawyer must always maintain credibility when dealing with prosecutors.  Prosecutors can tell when a lawyer is trying to play games or be less than honest with them.  If they trust you, they will treat your client fairly.  If they don’t trust you, they are far more likely to fight you at every turn.  There are times when you need to be aggressive, but never in a way that compromises your credibility.

If you, a family member or someone you know has been charged with a crime or have been convicted and need help with an appeal in the Dallas area, contact Dallas criminal appeal lawyer John Helms at (214) 666-8010 or fill out the online contact form. You can discuss your case, how the law may apply and your best legal options to protect your rights and freedom.