Facing a sex crime charge in Los Angeles is overwhelming. Many clients ask the same question at the very beginning: “Do I really have to go to trial?” The truth is, not every case reaches the courtroom. With the right defense strategy, it’s possible to challenge the evidence, negotiate alternatives, or even secure a dismissal before a jury is ever seated.
As former Orange County District Attorneys, Simmons & Wagner have seen both sides of the process. We know how prosecutors build these cases—and more importantly, we know how to dismantle them.
The Power of Pre-Trial Motions
A pre-trial motion is a request made to the court before the trial begins, often seeking to limit or exclude certain evidence, or in some cases, to have charges dismissed altogether. These motions can be some of the most powerful tools a defense attorney has, particularly in sex crime cases where the evidence may be circumstantial, emotional, or improperly obtained.
Suppression Motions
One of the most effective motions is the motion to suppress evidence. If police violated your constitutional rights while gathering evidence—such as conducting an illegal search, seizing your phone without a valid warrant, or coercing a statement—that evidence may be excluded. Once key evidence is suppressed, the prosecution’s case may collapse, leaving them no choice but to dismiss.
Motions to Dismiss
A motion to dismiss asks the court to throw out the charges entirely. This can happen if:
- The evidence is insufficient to support the charges.
- The statute of limitations has expired.
- Prosecutorial misconduct occurred.
- The allegations, even if taken as true, don’t legally constitute a crime.
While dismissals before trial are not automatic, they are far from impossible—especially when your defense attorney is aggressive and detail-oriented.
Negotiation Tactics That Can End a Case Early
Not every dismissal happens through a judge’s ruling. Sometimes the smartest path forward involves strategic negotiation with the prosecution. As former DAs, we understand the pressures prosecutors face: heavy caseloads, the burden of proof, and the risks of taking a weak case to trial.
A skilled sex defense lawyer in Los Angeles will:
- Expose weaknesses in the prosecution’s evidence during pre-trial hearings.
- Use expert analysis (forensic, digital, medical) to cast doubt early.
- Highlight credibility issues with witnesses.
- Leverage these weaknesses to negotiate reduced charges or dismissal.
By demonstrating that a case will be difficult—or even impossible—to prove at trial, we can often encourage prosecutors to resolve it early and favorably.
Why Early Intervention Matters
The sooner you involve a defense attorney, the more opportunities exist to attack the prosecution’s case. Many clients wait, hoping the charges will go away, but delays can cost valuable chances to suppress evidence, preserve witness testimony, or prevent overcharging.
An experienced sex defense lawyer in Los Angeles can begin challenging the case before it gains momentum, increasing the chances of a dismissal before trial.
Choosing the Right Defense Team
Sex crime allegations carry unique challenges: emotional juries, sensitive evidence, and serious long-term consequences like registration under California Penal Code 290.
At Simmons & Wagner, we bring decades of combined experience—and the perspective of former prosecutors—to every case. We know what the DA’s office needs to convict, and we know how to disrupt that strategy before trial.
Final Word
Can your case be dismissed before trial? Absolutely—if your attorney knows how to use the right motions, challenge the evidence, and negotiate from a position of strength. Don’t wait until trial to fight back. The defense starts now.
If you or a loved one is facing sex crime charges in Los Angeles, contact Simmons & Wagner today. Our experience as former prosecutors gives us a unique advantage in protecting your rights and pursuing dismissal wherever possible.