How to Get a Criminal Case Dismissed in Pierce County, WA

How We Get a Criminal Case Dismissed in Pierce County, WA

If you are facing criminal charges in Pierce County, WA, you may be wondering: Can we get your case dismissed? The answer is yes, in some situations—but it depends on the facts of your case, the strength of the evidence, and the skill of your defense attorney. This post will walk you through the most common legal paths to dismissal and explain why having an experienced Tacoma criminal defense lawyer makes all the difference.

What We Mean “Getting a Case Dismissed?”

When the court dismisses a case, it means the charges are formally dropped and the prosecution will not proceed to trial. This can occur at any stage of a criminal case—from shortly after arrest to just before trial. A dismissal ends the case without a conviction, but it does not automatically erase the arrest or charges from your criminal record. That requires your  lawyer to bring a separate motion to vacate or seal the record.

Lack of Probable Cause: A Common DUI Dismissal Strategy

Under Washington law, police must have probable cause to make an arrest. In DUI cases, this means they must have specific, articulable facts suggesting you were driving under the influence of alcohol or drugs.

For example, if police stop a vehicle without observing any traffic violation—or if they arrest someone solely based on the smell of alcohol without conducting any field sobriety tests or breathalyzer—the defense may file a motion to suppress. If the court finds that the initial stop or subsequent arrest was unconstitutional, the evidence gathered afterward may be thrown out. Without that evidence, the case may be dismissed.

Take, for example, when an officer acts on an anonymous tip without corroborating it through independent observation. In State v. Z.U.E., 183 Wn.2d 610 (2015), the Washington Supreme Court held that such tips, without more, do not create reasonable suspicion for a stop. Smith & White make similar arguments can be made in DUI defense motions to suppress illegally obtained evidence.

Insufficient Evidence to Prove Guilt

The prosecution must prove every element of a charge beyond a reasonable doubt. If the state’s case lacks key evidence—such as witness testimony, video footage, or reliable lab results—the defense can move to dismiss the charges.

We raise this issue in property crimes and some assault cases, where the primary witness may be uncooperative or unavailable. In such cases, the prosecutor may drop the charges voluntarily if they know they cannot meet their burden at trial.

Our experienced attorney will thoroughly evaluate the discovery for weak points, identify missing elements, and use this to your advantage.

Violation of Constitutional Rights

If your constitutional rights were violated during the investigation or prosecution, your case could be dismissed. Common violations include:

• Fourth Amendment: Unlawful searches or seizures, such as searching a home without a warrant or consent.
• Fifth Amendment: Coerced confessions or questioning after invoking the right to remain silent.
• Sixth Amendment: Denial of the right to legal counsel during interrogation.

If any of these violations occur, your attorney can file a motion to suppress the illegally obtained evidence. In some cases, that leaves the state with no admissible evidence—and no case.

 

Pretrial Diversion in Domestic Violence Cases

While Pierce County does not allow pretrial diversion for DUIs, some domestic violence cases may qualify for diversion programs, especially for first-time offenders. These programs often include:

• Anger management or DV treatment classes
• Community service
• No-contact compliance monitoring (depending on the desires of the alleged victim)

If the participant successfully completes the diversion program, the charges are be dismissed entirely. This option can be a lifeline for individuals who had a one-time incident and are willing to engage in rehabilitation.

Plea Agreements That Result in Dismissal

While not technically a dismissal in the traditional sense, plea deals can sometimes result in reduced charges or deferred sentences that lead to dismissal later. For example, a person may plead guilty to a lesser misdemeanor, complete probation and counseling, and have the charge dismissed upon successful completion.

This is often called a Deferred Sentence, and it can be a valuable strategy for clients trying to avoid a permanent mark on their criminal record.

Knapstad Motions: Challenging the Legal Basis of the Charge

A Knapstad motion is a pretrial motion to dismiss a charge because the State’s allegations—even if true—do not amount to a crime. This tool comes from the case State v. Knapstad, 107 Wn.2d 346 (1986).

For example, suppose a person is charged with felony harassment based on a vague statement that doesn’t actually constitute a threat under Washington law. A Knapstad motion can be filed to challenge the sufficiency of the charging document itself. If the court agrees that the conduct alleged does not meet the legal definition of the crime, the charge must be dismissed.

Case Example: Domestic Violence Charge Dismissed Through Diversion

Our firm recently represented a Tacoma man charged with Assault 4 – DV after a loud verbal argument with his spouse led to a neighbor calling 911. There was no physical injury, and both parties wanted to reconcile. We successfully negotiated with the prosecutor for a pretrial diversion agreement that required the client to attend a 24 session of 1 hr online counseling course. Upon completion, the case was dismissed.

Your attorney fighting for this outcome avoids jail time, a permanent DV conviction, and potential consequences for employment and housing.

Why Having a Criminal Defense Lawyer Matters

Navigating the dismissal process requires a deep understanding of Washington criminal procedure and local court practices in Pierce County. An experienced criminal defense attorney can:

• Evaluate weaknesses in the state’s case
• File constitutional motions
• Negotiate favorable plea deals
• Argue for pretrial diversion when appropriate

Prosecutors are far less likely to dismiss a case when a defendant is unrepresented. When you hire an attorney, you’re not just getting legal knowledge—you’re hiring someone to fight for your future.

What Happens When the Court Dismisses a Case?

Even if your case is dismissed, the arrest and charge may still appear on your criminal record. This can affect job applications, housing, and even your ability to obtain professional licenses. In Washington, you may be eligible to:

• Vacate the arrest or dismissal under RCW 10.97.060
• Seal the court file in limitedextraordinary circumstances
• Expunge the record if it meets certain criteria

Ask your attorney if you qualify for post-dismissal relief to fully protect your reputation.

Conclusion: Every Case is Unique

There is no guaranteed way to get a criminal charge dismissed, but understanding your options—and hiring the right lawyer—dramatically improves your chances. Whether it’s challenging probable cause, seeking a Knapstad dismissal, or entering a diversion program, your attorney can identify the best strategy for your circumstances.

Facing charges in Tacoma or anywhere in Pierce County? Do not face the system alone. Contact the experienced team at The Law Offices of Smith & White, PLLC at (253) 363-8662 for a free consultation.

Let us fight for your rights and help you move forward with your life.