Could My Charges be Dropped?

Have you been charged with a crime? You may be hoping that the charges you’re facing will be dropped or dismissed, eliminating all of the stress and expenditures of a trial under certain circumstances.

Dropped and Dismissed Charges are Not the Same Thing 

There’s a small but distinct difference between having your charges dropped and having them dismissed:

1. If a prosecutor loses faith in their ability to win—even if they haven’t yet been filed–charges can be dropped during a case. It is wholly the prosecutor’s decision.
2. Only a judge can dismiss charges, and it can be done only after charges have been filed.

Potential Situations Leading to Dropped or Dismissed Charges 

There are an abundance of reasons that a case might not make it through to a verdict. Some of the most common circumstances include:

• The prosecutor cannot make a strong case with the evidence at hand.
• A victim may refuse to cooperate with the prosecution and wish for the case to be dropped, weakening the chances of a guilty verdict, leading the prosecutor to drop the charges.
• The constitutional rights of the suspect may have been violated, leading to a decision to drop it.
• Exoneration based on new evidence (such as DNA or other scientific information) may lead to a dismissal, even after a conviction.
• Information central to the case may have been obtained illegally and therefore be inadmissible.
• The prosecution and defense teams may have negotiated a plea that drops certain charges in exchange for cooperation in testifying against others, or other concessions by the defense.
• Venue issues may lead to dropped charges.
• A plea in abeyance may be offered requiring something like rehabilitative classes or something in exchange for dropped charges (although failure to complete the requirements would result in a guilty plea on the charges).

Is it the Same as Being Acquitted? 

Having charges dropped or dismissed is clearly not the same thing as getting an acquittal in court. In the case of an acquittal, a jury or judge found that there was not enough evidence to convict a defendant.  That means the defendant can never be retried on the same charges—that would be Double Jeopardy.  Conversely, if the charges were simply dropped or dismissed the prosecutor may refile the exact same charges at a later date when they believe they might be more likely to get a conviction.

What Appears on My Record? 

Both dismissals and acquittals will appear on one’s criminal record unless the record is expunged.  Of course, neither will have the crushing impact on employment or housing that a guilty verdict has.

Fighting for You 

The creative and knowledgeable Miami criminal defense lawyers at The Law Office of Julia Kefalinos always fight for the best outcomes for our clients.  To discuss your situation, schedule a confidential consultation in our Miami office today.