Last Updated on July 29, 2022 by Fair Punishment Team
If you are facing criminal accusations, you might be interested in learning how to have them dropped or dismissed. Some of the top lawyers can help you get your criminal charges dropped to medicine before being taken to court.
This will save you more money in the long run, as court fees can easily mount up over time depending on how long the trial goes on.
In this article, we will be discussing some of the reasons you can use in order to get your criminal charges either dismissed or dropped before having to go to court.
Important Things To Remember
Before we get straight into the reason that could get your charges dismissed or dropped. It is important that you remember that not all criminal charges result in a trial.
In fact, during discussions between prosecutors and defense attorneys, many charges are often dropped before a trial. However, the prosecutor alone has the authority to drop these charges, no one else has the authority to be able to do it.
That might occur if you’re represented by an experienced criminal defense lawyer who is aware of a range of issues that could undermine the prosecution’s case. This may include inadmissible evidence, lack of sufficient evidence, and unreliable witnesses.
However, there is a massive difference between dismissing and dropping chargers, that you need to understand. We will go into more detail on the difference between dismissing and dropping your chargers further in this article.
Your Case Is Dismissed: What Does That Mean?
Given that both your charges being dropped or dismissed concludes in a defendant being released, they are similar in certain respects. A charge may be dropped either before or after the charges have been filled.
Although, a court may also dismiss a charge if the prosecution in the case committed a serious legal mistake. In this scenario, you may need the prosecutor to withdraw the charge or dismiss it.
Reasons That A Prosecutor Will Drop Criminal Charges
Although the victim will call the police to report the alleged crime, they will not be in charge of the prosecution of the suspected offender.
The prosecutor is the one in charge of the case. Therefore, the decision to drop charges is up to the prosecution. Rarely, authorities may decide not to press charges for less serious offenses.
There are a variety of reasons why prosecutors can decide not to press charges.
One of these is when the victim of a criminal charge —the victim the case is constructed around—decides not to cooperate. It’s possible that the victim has changed his or her mind, in which case it would be foolish for the prosecutor to continue without more proof.
In addition to that, there are another 5 potential grounds for your charges to be dropped or dismissed, according to your attorney:
If it is judged that the evidence against the accused is insufficient, the prosecutor may decide to withdraw the charges. Or maybe fresh information surfaces that undermine the prosecution’s case against the defendant.
When the DA and prosecutors first evaluate the police reports, your attorney might be able to intervene on your behalf and suggest that there is not enough evidence to support pursuing a formal case against you.
In the event that charges are brought despite insufficient evidence, your lawyers may make a move to dismiss the case.
Violations On The Fourth Amendment
Citizens are protected by the Fourth Amendment from unauthorized searches and seizures by law enforcement, investigators, and the police.
Any evidence that was obtained unlawfully can and ought to be stricken from the trial. If it is found that part of the evidence used by the prosecution was obtained legitimately and cannot be used as evidence, the prosecution may decide to withdraw the charges.
If such has occurred, possibly as a result of police failing to get a valid warrant or order to search for evidence.
Then a qualified defense attorney can demonstrate the wrongdoing. Any evidence discovered without obtaining a valid warrant is thus ruled inadmissible, and the prosecution may decide to abandon or dismiss the criminal charge.
- Exceptions To This Rule
Although. The police can sometimes examine a person, residence, or car without a warrant issued where there has been a Fourth Amendment violation.
Police may conduct a search if they have cause to suspect the person they have detained is in possession of a criminal weapon.
In addition, following an arrest for drunken driving, police have the right to search the car (DWI). Or in the case of an emergency, such as gunfire, police can enter a home without a search warrant.
However, if it turns out that the accused was the victim of an unlawful stop or that there wasn’t sufficient reason to make an arrest, the charge can be withdrawn.
Officers must have a good reason to believe that making an arrest is necessary, supported by unambiguous facts. Police cannot detain you based on a gut instinct or “racial profiling.”
When making an arrest, detaining a suspect, questioning them, scheduling a bail hearing, or conducting other pretrial actions, police and prosecutors are required to adhere to specific criminal processes.
These procedural mistakes may really be evidence for the case to be dismissed.
Although in some cases it will reduce the sentence. Yet this is only possible if the defendant’s rights were infringed. However, because of how complex these matters can be, it’s crucial that you partner with an experienced defense lawyer.
The truth is that district attorneys and prosecutors frequently take on considerably more cases than they can handle.
Therefore, sometimes they might be forced to focus their attention and resources on a small number of high-priority cases. Thus, they will then ignore or dismiss less serious offenses.
It is important to note, that this will only be likely if you are charged with a small offense, and you don’t have any prior convictions.
Willing To Cooperate
Prosecutors may be persuaded by your attorney to negotiate a compromise where they lighten your imprisonment or drop or dismiss your case entirely.
This can only happen if they discover that you are prepared to cooperate with law enforcement. Thus, you will be willing to help resolve other crimes or assist in other situations.
In any case, by presenting these arguments to prosecutors, your defense attorney can argue on your behalf that a charge ought to be withdrawn.
Why Will A Prosecutor Or Court Dismiss Your Charges?
For many of the same factors that charges are dismissed after being filed, prosecutors and occasionally courts may reject the same charges. It’s possible that there isn’t enough proof, witnesses aren’t available, or illegal methods were used to acquire information or make arrests.
Once more, a criminal defense lawyer can assist with this procedure. It is usually best done at the beginning of the court case or during the so-called pretrial negotiation stage. A defense attorney may ask the prosecution to drop the charge or dismiss it before the case goes to trial.
They may argue that the outcome of the trial will not be successful in court. The prosecution may respond by making a compromise on the charge. Then, your counsel can argue that perhaps the lowered charge won’t stand up in court as well.
Grand Jury Dismissal: What Is It?
When a grand jury (see also our article on the case of a hung jury) is called to examine an allegation on a charge, and it is decided that the case isn’t solid enough, that is what is meant by a grand jury dismissal.
The charge may then be dropped or “no-billed” by the grand jury or by the prosecutor. Instead of wasting time on a case they can’t win, prosecutors prefer to do that.
Once more, a grand jury can only be dismissed before there is a probability that an indictment will be returned.
Can You Get A Charge Reduced?
You might be interested in the prospect of a charge reduction. When the case isn’t good enough to sustain a certain charge, but might be for a lesser offense could be offered in its place. Thus, you have a chance to get your charge reduced overall.
Then, the prosecution may present a “negotiated settlement agreement.” That happens when the prosecution consents to drop the first accusation in exchange for the defendant entering a guilty or no contest plea to a less serious charge.
An experienced attorney can help you through plea deals and defend your legal rights. If the evidence supporting the first charge is poor, they might even suggest that you reject such an agreement.
Remember that even if you did not go to trial on the initial accusation, under Texas law, in most circumstances the initial charges would not be erased or wiped from your record following a plea bargain agreement.
However, if you fought the first accusation and were found not guilty, it can be removed from your record.
Does A Dropped Charge Go On Your Criminal Record?
Charges that are dropped just before trial has started won’t appear on your criminal record. Nevertheless, if charges are dismissed with the court’s approval following the start of a trial, it can appear on your criminal history.
It should be noted that while an arrest may still come up in search results of the official national computer (the data for which is utilized in some background checks), it does not imply that you have been convicted of any crime.
The criminal justice system’s fundamental presumption of innocence states that even if you are arrested for a crime, you are not guilty unless it has been proved that you took part in that crime.
How Will You Know Whether Your Charge Has Been Dropped?
The offenses that are being dismissed, or any offenses which are not being dropped, and the reasoning why, will all be detailed in a notice that is delivered to you. You will also discover from the notice if the charges may be reinstated in the future.
The majority of the time, a police officer handling your case will let you know whether your charges have been dismissed, but you may also learn through a letter in the mail.
Where Can You Find Help To Get Your Charges Dropped Or Dismissed?
Criminal defense attorneys are present outside of court. Find a capable attorney who can communicate with the CPS and the police in order to try to have your case or offenses dropped before you go to court if you have been accused of committing a criminal offense.
Although this outcome is not guaranteed. It is beneficial to have attorneys who have years of experience working with the correct people to defend you both inside and outside of court.
There are various reasons as to why your chargers could be dismissed or dropped. Usually it is due to a lack of evidence or other factors surrounding the case. It is important if you are trying to get charges dropped that you have an experienced attorney helping you.
We hope this article has given you some insight to how and why your case and charges might be dropped or dismissed.