Being under arrest or charged with a crime can be a confusing and overwhelming experience for anyone. However, you do not have to worry since you are presumed innocent until proven guilty. Figuring out how to have the alleged charges dropped by the prosecutor before the trial should be your priority. That is where the services of a defense attorney become vital to stand a chance of securing a favorable outcome.
It is not about being lucky, but instead, it is about knowing the right steps to take to challenge the criminal allegations you are up against. From leveraging exculpatory evidence and engaging in plea negotiations to entering a diversion program, all these are viable legal defenses your defense attorney could apply to convince the prosecutor to drop your charges.
Understanding the Process of Having Your Charges Dropped by the Prosecutor
An arrest is often unexpected, even in most cases. However, if the police recently arrested you as a suspect in a criminal case, you are not alone. Unfortunately, many circumstances could lead to your arrest, including false accusations, being at the wrong place at the right time, or perhaps you committed a mistake.
While being arrested or charged with a crime can be a stressful and daunting experience, it is possible to avoid the trial and possible sentence associated with the crime by working with an attorney to convince the prosecutor to drop the case. While every case is different, retaining the services of an attorney as soon as possible could help.
A seasoned attorney will analyze your case facts to know the best defense strategy to convince the prosecution team to drop your charges.
What it Means to Have the Alleged Criminal Charge Dropped by the Prosecutor
Although convincing the court to drop your case is challenging, it is not impossible. Having a skilled attorney in your corner is key during these challenging times to secure a favorable outcome. Convincing the prosecutor to drop your charge is one of the favorable outcomes your defense attorney can help you secure. Here is what it means to have your charges dropped in the eyes of the court:
- Once the prosecutor drops your case, you will receive your freedom if you are still in legal custody
- The prosecutor could drop your felony or misdemeanor charge after filing the case
- The alleged charge will not proceed to the trial phase of the legal justice system, meaning you will not receive penalties for the charge
- The prosecutor will no longer pursue the alleged charge once he/she drops the case
- A dropped charge does not automatically mean that your case will permanently disappear from the legal justice system
- The prosecutor could decide to reinstate your charges once he/she finds new evidence against you
- You will not be required to attend any more court date
Notably, according to Clean Slate Laws passed under Senate Bill (SB) 731, you could qualify to have your charges sealed if the prosecutor did not secure a conviction against you. Once your case is sealed, it will no longer appear when someone conducts a background check on you.
Legal Grounds for Having Your Charges Dropped
The success of having your charges dropped will depend on the evidence the prosecutor has against you. Below are viable legal grounds your attorney could use to help you convince the prosecutor to drop your charges:
Providing Exculpatory Evidence
Presenting new exculpatory evidence that contradicts or weakens the prosecutor’s case against you or proves your innocence could work in your favor to secure a dismissal of the alleged charge. The prosecutor will likely drop your case because he/she knows that your attorney will present the new evidence at trial, weakening his/her case against you.
However, if the prosecutor believes he/she has adequate evidence against you, he/she could fail to drop your case, meaning you will have to challenge the allegations you are up against at trial. Below are examples of exculpatory evidence that could work in your favor to secure a favorable outcome:
- Testimonies or DNA evidence that prove you are not at the crime scene, also commonly known as alibi defense
- Evidence to show that another person committed the alleged offense
- Your past communications or voice recordings with the alleged victim that show you are not the offender in the alleged criminal case
Your defense attorney can help you collect and present new exculpatory evidence to convince the prosecution team to drop your charges.
Engaging in Diversion Programs
In some cases, pretrial diversion programs could be available. The prosecution team will drop your charges once you complete the recommended diversion program. While the diversion programs usually differ, they will generally follow the following steps:
- You or your attorney and the prosecution team must agree to use the pretrial diversion programs to resolve the charges you are up against
- You have to enter a guilty plea to the charges you are up against
- The judge will suspend the possible sentence for your violation
- You will engage in the recommended diversion program
- Once you complete the program without any violation, the prosecutor will drop your charges
When you refuse to complete the recommended diversion program, your case will go straight to the sentencing phase of the criminal court process, and you will not have a chance to present legal defenses. However, not every defendant qualifies for a diversion program. Whether or not you will qualify for a diversion program will depend on the following factors:
- Your criminal record
- The severity of your charges
For example, most first-time offenders charged with non-violent criminal offenses will likely qualify for a diversion program. In most cases, you will qualify for a diversion program if your offense involves the following:
- Alcohol abuse
- Drug abuse or possession
- Domestic violence
- Mental health issues
Taking a Favorable Plea Deal
Another common way to have your charges dropped is by taking a plea deal. The prosecutor could agree to drop your charges when you enter a guilty plea to a different or lighter charge. Entering a plea deal negotiation is wise if you have multiple pending charges.
For example, if you have pending domestic violence (DV) and misdemeanor drug possession charges, the prosecutor could drop the DV case when you enter a guilty plea for the drug possession charge. That means your penalties for a drug possession charge conviction will be lighter than the sentence you would receive upon a conviction for a DV charge or both crimes.
The prosecutor could decide whether to accept your plea offer request or not, depending on the facts of your case. If the prosecutor denies your plea deal request, you must challenge the allegations you are up against at trial.
Presenting a Strong Legal Defense
The prosecutor can also drop the charges you are up against if your defense attorney has strong legal defenses in your favor. Examples of legal defenses that could work in your favor to convince the prosecutor to drop your case include the following:
- You have an alibi
- You were acting in self-defense
- You are a victim of mistaken identity
- You are a victim of false allegations
- There was a mistake of fact
- You were coerced to commit the offense
- The police violated your constitutional rights by conducting an unlawful search on your premises
- The police lacked probable cause to arrest you
If your attorney can prove to the prosecutor that one or more of these legal defenses could raise doubt on his/her case against you, he/she could drop your case. For example, if you are in legal custody as a suspect in an aggravated assault case, your attorney could argue that you acted in self-defense to protect yourself or a loved one from imminent harm.
Testifying Against a Different Defendant
Depending on your case circumstances, your attorney could recommend that you testify on a different defendant to convince the prosecutor to drop your case. This defense strategy could work in your favor if the charges you are up against involve several defendants.
Using this legal ground to secure a dismissal of your charges could also require you to be one of the prosecutor's key witnesses in his/her case against the other defendant. While it could seem simple, using this legal ground to convince the prosecutor to drop the criminal charges you are up against is not as simple as it looks.
You need the services of a seasoned and aggressive defense attorney for this legal defense to work in your favor.
Arguing That Your Case Has Procedural Issues
Like any other citizen, you have constitutional rights you ought to protect. For example, here are a few of your constitutional rights:
- Right to stay free from illegal search and seizure
- Right to remain silent to avoid self-incrimination
- Right to seek the services of an attorney
- Right to have a speedy trial
- Right to be informed of your Miranda rights when the police take you into legal custody
If the arresting officers violated your constitutional rights during the arrest, the prosecutor could drop your case.
The Victim and Eyewitness of the Offense Are Problematic or Uncooperative
In most cases, the prosecutor will heavily rely on the testimonies of witnesses and victims of the offense. Fortunately, an experienced attorney understands that and will do his/her best to discredit these witnesses. If there are inconsistencies in their testimonies, their story keeps changing, or they are uncooperative with the prosecutor, the prosecutor could be willing to drop your case.
These issues are more common in DV cases. If the prosecutor detects that the victim and eyewitnesses are unreliable and likely to be discredited by the court, he/she could be willing to drop the charges you are up against rather than lose the case at trial.
Challenging the Sufficiency of the Prosecutors Evidence
Keen examination and analysis of the prosecutor's evidence against you is critical. A thorough analysis of your case could help your defense attorney unearth vital evidence that could weaken the prosecutor's case against you.
By pointing out the weaknesses and flaws in the prosecutor's case against you, your attorney can convince him/her to drop your case. Otherwise, even if the prosecutor decides to continue with the charge, the court will not convict you if he/she cannot prove the allegations you are up against are true beyond a reasonable doubt for a conviction at trial.
Tips That Can Increase Your Odds of Having Your Case Dropped by the Prosecutor
Below are helpful tips that can increase your odds of having your case dropped by the prosecutor to avoid the detrimental consequences of a conviction:
Cooperate With the Prosecutor
Even if you believe the allegations you are up against are true, cooperating with the law enforcement officers and the prosecutor is important. Agreeing to cooperate as a witness or provide the prosecutor with information that can help in the ongoing investigations in a criminal case could result in a lenient charge.
Generally, the prosecutor could agree to drop your charges in exchange for cooperation, mainly if your case involves more significant criminal activity or multiple parties. However, you should consult with your attorney before you disclose any information to the prosecutor to avoid disclosing any incriminating information that could reduce your odds of securing a favorable outcome.
Demonstrate You are a Person of Commendable Character
The prosecutor could be more inclined to drop the charges you are up against if your attorney can prove you are a person of commendable character. Letters from religious leaders, employers, family members, or community members could act as evidence to prove you are a person of excellent and commendable character.
Proving that you have strong ties to the community and are less likely to re-offend could convince the prosecutor that continuing the case would not serve justice and drop it.
Hiring a Skilled Defense Attorney
The services of an attorney are critical if you want to increase your odds of having your charges dropped by the prosecutor. A skilled and seasoned attorney can aid you in navigating the complexities of the legal justice system and engage in well-planned negotiations with the prosecutor to secure a favorable outcome.
For example, when you have pending sexual assault charges, your attorney can keenly evaluate the prosecutor's case against you to unearth weaknesses in his/her case and prepare appropriate legal defenses.
Whether your attorney decides to file pretrial motions, challenge the allegations, or negotiate a favorable plea deal, having a reliable and skilled defense attorney in your corner increases your chances of having your case dropped by the prosecutor.
How Dropped Charge Differs from Case Dismissal
While both end with the prosecution going away during the pretrial stage of the legal justice system, having your case dropped and dismissed has different meanings in the eyes of the law. If you have pending criminal charges, with the legal assistance of your attorney, you can convince the prosecutor to drop the case.
As mentioned above, a charge dropped by the prosecutor could be reinstated or refiled. That could be possible if the arresting officers have discovered new incriminating evidence. When that happens, your criminal case will begin all over again.
However, if you want to secure a dismissal of the case, the judge must decide whether that is possible. Depending on the facts of your case, the court could dismiss your case with or without prejudice. A criminal charge dismissed without prejudice could be refiled later. However, those dismissed with prejudice cannot be refiled when they are based on an identical set of facts and claims.
What Could Make the Prosecutor Drop My Charges?
Prosecutors are less likely to drop criminal charges, but they could be convinced to do so if your attorney shows them that:
- They do not have enough evidence to secure a conviction against you
- Pursuing the charges or going through the court process is a waste of resources and time
- You are likely to receive a not guilty verdict at trial
- You are willing to secure a plea bargain offer to end the case quickly and free up the resources of the D.A’s office
- The charges are minor, and you do not have a criminal record, which makes you an excellent candidate for a case resolution outside of the court system
The key to securing a favorable outcome when charged with any criminal offense is hiring a skilled and seasoned defense attorney to act as your legal voice during the prosecution process. With the legal assistance of an experienced attorney, your case does not have to reach the trial phase of the court process. Your attorney will scrutinize your case to know the best defenses to convince the prosecutor to drop your charges.
Find a Defense Attorney Near Me
Although the prosecutor can refile your charges later when new substantial evidence is discovered, working with your attorney to convince him/her to drop your charges is a good idea. Our attorneys at Leah Legal understand the legal complexities of the court system, particularly the trial. If you are under arrest or charged with any criminal offense, we can work to help you convince the prosecutor to drop your case.
Call us at 818-484-1100 to schedule your first consultation with us wherever you are in Van Nuys.