Hollywood vs. Real Life
In movies, defense attorneys often get charges dismissed with a dramatic courtroom reveal, proclaiming their client’s innocence to everyone in the room. They might say, “He was hiking the Appalachian Trail during the murder; the mud on his shoes proves it.” Sometimes, the real killer even confesses. In reality, this never happens. But charges can still get dismissed.
Real-life courtrooms follow strict rules of criminal procedure, leaving no room for dramatic surprises or sudden revelations. Those moments belong to Hollywood, not real trials.
Discovery Violations
Cases often get dismissed before trial because of a discovery violation. For example, Alec Baldwin’s manslaughter case was dismissed due to such a violation. But what is a discovery violation?
The Utah Supreme Court has made it clear—trials should not be “by ambush.” Prosecutors must share all evidence with the defense before trial. Criminal procedure rules require them to hand over evidence as soon as possible. The U.S. Supreme Court mandates that prosecutors provide all exculpatory evidence (anything that reduces a defendant’s guilt), even if the defense doesn’t ask for it. Unfortunately, some prosecutors hide evidence, and it’s not always easy to catch.
Like a Dog with a Bone
In a criminal case, you need a defense attorney who can spot what’s missing. Whether it’s a body camera video or a report, missing evidence can lead to a case dismissal, especially if it’s exculpatory—just like in Baldwin’s case.
When this happens, you need a lawyer who won’t let go of the discovery violation, like a dog with a bone. Prosecutors who commit these violations often try to move on quickly. But a skilled defense attorney knows how to hold them accountable, even if it takes months of persistence.
So, if your attorney spends hearing after hearing focused on a missing photo or video instead of telling your story, it doesn’t mean they aren’t fighting for you. It means they’re fighting the way real cases work, not like in the movies—they just won’t let go of that bone.