Can You Get Criminal Charges Dropped Before Trial?

Being confronted with criminal charges can be one of the most terrifying experiences that any human needs to face – fear of a future that is all about uncertainty and stress. Some might question whether you can have charges dropped before trial. While nothing will ever make that an easy period of your life to endure, having some understanding of the process and defining a plan of action could provide some comfort.

What Are Criminal Charges?

Criminal charges are the official declarations that an individual has broken the law. Such allegations can sometimes be founded on evidence seized by law enforcement. However, allegations are not the same thing as guilt. The courts demand a great deal of evidence to prove guilt. Of course, defendants generally want to have charges dismissed so that they do not have to go through the often lengthy and expensive trial process. Speaking to a criminal defense lawyer in Los Angeles at this time is a smart move.

Reasons for Dropping Charges

Numerous reasons could cause criminal charges to be thrown out. A lack of evidence is one of the most frequent reasons. That means prosecutors need to procure believable evidence to back up their arguments. The absence or unreliability of key evidence can mean that the case does not advance. Moreover, the judge may dismiss the charges if law enforcement did not follow protocol during an arrest or investigation. An illegal search is another example in which the case may be dismissed due to a violation of rights.

Negotiations with Prosecutors

Sometimes, negotiation with the prosecutors can cause these charges to be dismissed. Often, the role of the defense attorneys in these discussions can be key. This involves introducing evidence or arguments that contradict the prosecution’s case. Under certain circumstances, a plea bargain will be presented, and the defendant could have their charges lessened or dropped in return for offering a plea of guilty to a less serious offense. Negotiating these settlements takes a certain level of expertise and familiarity with the case specifics.

Role of Defense Attorneys

The quality of representation that a criminal defendant receives can greatly impact the outcome of their case, which is why a good defense attorney can be the difference between prison time and years. They review evidence, look for flaws in the prosecution’s case, and defend the rights of the client. Its compelling arguments and supportive evidence may persuade prosecutors not to pursue charges. Good representation can result in dropped charges and avoid a trial for the defendant.

Pretrial Motions

Third-degree charges can also be dismissed due to pretrial motions. Defense attorneys file these types of motions to question, challenge, or exclude evidence or procedures set forth by the prosecution. For example, some of these motions are motions to suppress illegally obtained evidence or dismiss because there is not enough evidence. Getting a motion through can weaken the prosecution’s case or even have the prosecutors drop their charges altogether.

Diversion Programs

In some jurisdictions where they have diversion programs, they have diversion programs. Such programs focus on rehabilitative efforts for those charged with specific non-violent crimes — not punishment. Complete the diversion program, and, ultimately, the charges would be dismissed. It is a win-win for the defendant (who does not receive a criminal conviction) and for the community (which may see lower recidivism rates).

Victim Involvement

The victim’s position can also determine whether charges are dropped. Sometimes, a victim chooses not to go forward with the prosecution, and this can result in a dismissal. Prosecutors ultimately have the discretion to move forward with charges, whether the victim wants them or not. 

Judicial Discretion

In some instances, judges can throw out charges. This is less frequently done than other paths, but it is still an option. Judicial discretion can be considered if a judge thinks that trying a case would be unfair or if legal processes have been violated. It also highlights the need for a skilled defense attorney who can advocate for dismissal.

Conclusion

Often, getting the right criminal charges reduced or dismissed entirely prior to trial is the best way to avoid most of the stress of preparing for court. It can be tough but not entirely impossible. More effective representation can maximize the chances of a dismissal of charges through strategic negotiations and the law surrounding a particular case. For those facing charges, it would be advisable to consult with a licensed attorney who can guide the options that exist. In this way, they are able to prevent the return of their legal issues and be able to continue with their lives.