In order for a criminal charge to be brought against someone, it is required that there is probable cause that they violated the law. If a charge was issued without probable cause, then a judge can dismiss it.
In Massachusetts, it is important to understand the procedure for issuing a criminal charge, in order to understand how to attack a criminal charge for a lack of probable cause.
A prosecution is usually initiated when the police apply for a criminal complaint against someone. A clerk magistrate will then review the application for the criminal complaint, usually consisting of police reports, for probable cause. If the person was not arrested, and is being charged with a misdemeanor, they have a right to a hearing to contest probable cause.
Alternatively, a charge may be brought by a prosecutor who presents a case to a grand jury. The grand jury then determines if there is probable cause to indict a defendant.
No matter how the case is initiated, a criminal defendant can ask a court to dismiss a charge by showing that it was not originally supported by probable cause. Specifically, a judge can overturn the decision of either a clerk magistrate or a grand jury if they are convinced that there was not sufficient evidence to support probable cause.
While probable cause is a low standard, an experienced attorney can point to issues in either the testimony before a grand jury or the application for the complaint, which could result in dismissal of a criminal charge without ever going to trial.
