How Lawyers Can Get Legal Cases Dismissed

Get Legal Cases Dismissed – Options But No Guarantees

Getting legal cases dismissed is loosely defined as the termination of the case before a verdict is rendered. The process to get legal cases dismissed can occur for a variety of reasons and at different stages of the legal process. Below are some strategies and grounds that lawyers may utilize to seek a case dismissal:

Lack of Jurisdiction

A fundamental legal principle is that a court must have jurisdiction over the subject matter of the case and the parties involved. If a court lacks jurisdiction, a lawyer can move for dismissal.

Improper Service of Process

In civil cases, defendants must be properly served with legal papers, including a summons and a copy of the complaint. Failure to properly serve these papers provides grounds for dismissal.

Failure to State a Claim

In both criminal and civil cases, the complaint or indictment must articulate a valid claim for relief or charge. If it fails to do so, a motion to dismiss can be filed.

Insufficient Evidence

In criminal cases, if the prosecution cannot provide enough evidence to meet the burden of proof, a motion for dismissal may be granted. In some jurisdictions, this is often referred to as a “motion for a directed verdict.”

Statute of Limitations

Claims must be filed within a certain time frame as dictated by the statute of limitations. If this period has expired, a lawyer can move for the case to be dismissed.

Violation of the Right to a Speedy Trial

In criminal cases, the accused has a constitutional right to a speedy trial. If there is an unreasonable delay that is not justified or excused, a motion to dismiss may be filed.

Double Jeopardy

In criminal law, the principle of double jeopardy prevents an individual from being tried twice for the same crime in the same jurisdiction. If a case is erroneously filed in violation of this principle, it may be dismissed.

Plea Agreements

In some cases, especially criminal ones, a case might be dismissed as part of a plea bargain arrangement where the defendant agrees to plead guilty to a lesser charge.

Abuse of Process or Malicious Prosecution

If it’s evident that the legal process is being misused—for example, if someone is using the courts as a means of harassing the defendant—a motion for dismissal may be successful.

Pretrial Motions

Lawyers often file pretrial motions to challenge the admissibility of evidence, the sufficiency of the complaint or indictment, or other procedural matters. Winning one of these motions can sometimes result in the dismissal of the case.

Alternative Dispute Resolution

In civil cases, parties may agree to resolve their disputes through mediation or arbitration, resulting in the voluntary dismissal of the case.

Prosecutorial Discretion

In criminal cases, the prosecutor may choose to voluntarily dismiss charges, often due to a lack of evidence, the availability of more serious charges, or considerations related to the public interest.

It Is Possible To Get Legal Cases Dismissed

Legal professionals should conduct a thorough review of the facts, law, and procedural history of the case to determine the most effective strategy for seeking a dismissal. It is also crucial to comply with all procedural requirements and deadlines when filing motions for dismissal. Courts generally require that these motions be filed in a timely manner and be supported by appropriate legal arguments and evidence.

Note that laws and court rules can vary by jurisdiction, and the above strategies may not be applicable in all situations. Therefore, consulting with legal counsel for the most accurate and personalized advice is highly recommended.

What Our Clients Say…

{I had some very serious charges and needed the best representation I could find. Shimon was honest and confident and eased my nerves from the very first meeting. My case ended up being dismissed at arraignment, which Shimon knew beforehand because he was in contact with the DAs. He still showed up in court for my hearing and helped me seal the records. I definitely recommend Shimon to anyone in a legal predicament. I know that if my case had not been dismissed, I would have been glad to have chosen Mr. Kohn.

Krista Barthel

{I cannot say enough amazing, genuine and well deserved comments about Shimon and his staff at his office. I used his expertise for myself in a criminal case and cannot be more happier about the outcome. My husband and I both had again hired Shimon & Shawn. When you hire The Kohn Law Firm, they really truly work for you. It does not matter what day or time it is, Shimon gets back to you. I had several questions, and worries that were calmed on a simple phone call with beautiful Mia, who is so pleasant to talk with, Shawn who is a great fit there and working with the best, or Shimon. He did not at one time leave out any detail of all options that were at hand. He handled all aspects of my criminal case professionally and thoroughly. He has a calming demeanor to assure you that he understands what is at stake and works to the fullest ability for the absolute best outcome! I would most definitely call him for a 3rd time!

Heather Ellenbecker

{I've worked with Shimon on various cases professionally over the last 8 years. Shimon's knowledge of the law and professional demeanor and aggressive and effective defense of his clients set him apart from all of the other attorneys I have worked with over the years. He is smart, compassionate, and tenacious. I would highly recommend him and his services.

Lisa White

{Shimon enabled me to find a path for recovery from addiction and the recovery of my life as I now know it. I gave him as many reasons as possible to give up on me and he continued to fight. I owe a great deal of gratitude to Shimon as an attorney and as a human being, he is compassionate, professional and as real as they come in the legal system. I stood to lose my life as a habitual criminal and I trusted Shimon as to what I should do and he helped lead me out of one of the darkest times of my life. I was facing 32 mandatory years for drugs and Shimon negotiated me down to 6 years probation and treatment that has changed my life. I would insist anyone who needs to hire an attorney, this is the only man I would ever recommend. Thank you Shimon.

sam burke

{Shimon is a top defense attorney who gets the job done. He stays loyal to his clients and is always there when needed. He is the best attorney I have known. Very thorough. Mr. Kohn also isn’t afraid to stand up to the prosecuting side and go after what is right.


Shimon Kohn is the attorney to call when you need the best criminal defense lawyer. I will never have enough words to express my gratitude to him for how he helped my family. He was available to answer questions honestly and reassuringly within a reasonable timeframe.
He exeplified professionalism, compassion and expertise. His professional and personal relationship with the district attorney's office is unparalleled in this community. Shimon is definitely to whom I will refer anyone and everyone who requires legal services.


{It is difficult to find truly ethical people who care in this money driven industry. Shimon handled my case quickly and ethically and was able to work within the confusing legal system to get the desired and justified outcome. I would highly recommend Mr Kohn to anyone who needs a strong legal defense and wise counsel. He not only laid out the details of my case well, he took the time to sit with me and explain when his services would NOT be useful. He was an ally in the courtroom and been a great resource outside the courtroom. Donny C.

Donny C.

{Shimon was assigned to my cases when there were many conflicts. He became the gateway to being heard on my case. Of course I had guilt to some degree, but Shimon stood up & fought for reasonable consequence. He was thorough with organization, facts, and persistent with the DA. The respect I was given during my time of incarceration to assure I wasn’t left in the dark, is absolutely the best I’d experienced. I have, and will always recommend Shimon & his law firm for their accountability, their desire to make you feel like you’re heard/personable, attention to detail and respectable reputation! What is right is right and what is wrong is wrong, but the fairness and overall justice with Kohn Law Firm is highly recommended!

Courtney Goode

Positive: Professionalism, Quality, Responsiveness, Value
Julian was a pleasure to meet, and work with.  What initially drew me to his counsel was his enthusiasm at working with my case, comprehensively,  and with my best interests not only in mind, but in heart as well. Like many, my financial situation was greatly impacted during 2020, and they were willing to set up amicable payment options that catered well to my specific needs at the time, which greatly helped. I would strongly recommend of course Julian,  as well as the firm as a whole,  as my experience was highly professional,  and thorough.

Roger Stacy

Positive: Professionalism, Quality, Responsiveness, Value
We heard from Shimon through a family member and decided to go with him for our case which was a felony. He gave it to me straight and never promised a deal. the DA was being very agressive and wouldn’t lower the charges but nonetheless Shimon kept the pressure on them and we got the case dismissed! Obviously it’s not a guarantee he can do the same for anyone else but let me tell you this is the best lawyer in the springs he will fight tooth and nail and not try to feed you BS. I do not wish to ever have any more legal trouble but if we ever do find ourselves in a bind Shimon is the only lawyer we will ever need. I would highly suggest to anyone else if you want to sleep well at night hire this man! Thanks Shimon! You are definitely worth every penny!

Karina Gutierrez Ramos

Choose The Kohn Law Firm. Choose Freedom.

The Criminal defense lawyers at The Kohn Law Firm must have a deep understanding of criminal law, court procedures, and the rules of evidence. They must also possess strong communication and negotiation skills, as well as the ability to think critically and strategically. In addition, your lawyer MUST have years of experience defending similar cases in Colorado.

Finally, your defense lawyer must be able to work under pressure and remain calm and focused in high-stress situations.

Our primary goal is to protect the rights and freedoms of you, our client, and to ensure that you receive the best legal defense possible.

Criminal Defense Lawyers Work For YOU!

Criminal defense attorneys have a wide range of responsibilities, including investigating the charges against their clients, gathering evidence and witnesses, negotiating plea deals with prosecutors, and representing their clients in court. We may also advise their clients on how to navigate the criminal justice system and provide guidance on the potential consequences of various legal strategies.

Above all, we work to secure your freedom, protect your reputation and help to secure a bright future.