Can You Get Your Charges Dropped or Dismissed?
If you are facing criminal charges, you’re no doubt hoping for an outcome other than a guilty verdict. An acquittal would be fantastic, although it’s possible you could have the charges dropped or dismissed before the case ever makes it in front of a jury. How is that possible?
Having Charges Dropped
When a prosecutor thinks they have enough evidence to get a guilty verdict if the case makes it to trial, criminal charges are filed. But if the prosecutor has doubts about winning the case, they may drop the charges and tell the police to find further evidence before the case can move forward. In some situations, police move on to another suspect and the original defendant is off the hook. This can occur at any stage of the process.
Having Charges Dismissed
The prosecution will press forward with the case if they believe they have proof beyond a reasonable doubt that you’re guilty. The issue of reasonable cause is then evaluated by a magistrate judge during a preliminary hearing, where the judge weighs the evidence at hand. If the judge believes there is probable cause to move forward, the prosecutor gets a green light to proceed with the case. On the other hand, the complaint will be dismissed, and the defendant will be free to go If there is not a strong foundation for a case.
What if the Victim Wants the Charges Dropped?
There are situations when victims want charges to be dropped, but the final decision is the prosecutor’s. If the prosecutor believes it’s in the interest of public safety to continue on, they may choose to ignore a victim’s request. Nonetheless, if a victim refuses to cooperate, it could destroy the prosecution’s case, resulting in dropped charges anyway. This happens in cases of domestic violence, for example, when victims refrain from testifying against their abusers.
Reasons Prosecutors/Judges May Choose to Drop or Dismiss Cases
There are myriad situations in which cases are dropped or dismissed, leaving a defendant to walk away from the whole thing. While there may be a possibility that the case comes back to haunt a defendant later down the road, sometimes the case takes a turn in a whole new direction. Some of the circumstances that could lead to a reprieve include:
- Not enough evidence to support a guilty verdict;
- A victim’s request to drop the case;
- Discovery of new information that disputes the original theory of the crime;
- Inadmissible evidence for one reason or another;
- Constitutional rights of a defendant were violated;
- A plea agreement is reached wherein a defendant pleads guilty to lesser charges in exchange for lesser penalties.
Fighting for You
The experienced Miami criminal defense lawyers at The Law Office of Julia Kefalinos always fight for the best possible outcomes for our clients. More often than you’d guess, we can settle matters before the case ever makes it to trial. To discuss your situation, schedule a confidential consultation in our Miami office today.
