How do criminal charges get dropped?

In many cases, criminal charges are dropped or dismissed before the case ever goes to trial. For the defendant, this is a major relief, ultimately allowing them to continue their lives unscathed. But how exactly do criminal charges get dropped? And how can you maximize your chances of getting your charges dropped?

What does it mean to have charges “dropped”?

According to the attorneys at SBBL Law, “When a prosecutor drops the charges against a defendant, the person accused of a crime, it means they’ve made the decision not to pursue the case any further. The defendant won’t be required to go to trial, appear in court, or face consequences for whatever crime was alleged. And if the defendant is currently in custody, they’ll be released.”

In other words, the initial charges you faced are no longer relevant and, in the absence of other charges, you’ll be free to go. Depending on the circumstances of the charges being dropped, this is likely the most favorable outcome; it means you won’t face any consequences for the alleged crime, and the headache-inducing legal process will no longer proceed.

Note that there’s an important distinction between charges getting “dropped” and charges getting “dismissed.” Both scenarios involve the defendant no longer being in custody and no longer needing to show up in court, but there are a couple of differences. 

When charges are “dropped,” it means the prosecutor has decided they can’t get a guilty verdict. When charges are “dismissed,” it means the judge has determined there is insufficient evidence at a preliminary hearing.

How do criminal charges get dropped or dismissed?

So how exactly do criminal charges get dropped or dismissed?

There are many potential scenarios here.

·       Lack of sufficient evidence. First and arguably most prominently, a judge or a prosecutor could determine that there’s a lack of sufficient evidence. This can happen for a variety of reasons. It could be that there simply isn’t a sufficient volume of evidence to convict you of the alleged crime. It could be that certain pieces of evidence are questionable and not strong enough to persuade a jury. It could be that a prosecutor knows there are compelling arguments that could undermine or invalidate certain pieces of evidence. In any case, the evidence isn’t strong enough to give confidence to the prosecutor or the judge trying the case.

·       Violation of constitutional rights. Every U.S. citizen is guaranteed certain constitutional rights. If those rights are violated in the process of making an arrest or navigating the legal system, the charges could be thrown out. For example, if you were arrested unlawfully or treated in a way that violated your rights while you were under arrest, it might be grounds for the charges to be dropped or dismissed.

·       Invalidated arrest warrant. Similarly, if you were arrested because of a warrant that was later invalidated, the charges might be dropped. The arrest warrant needs to remain valid and intact for the case to proceed.

·       Mitigating circumstances. In some cases, mitigating circumstances can cause a prosecutor to drop the charges. For example, if it becomes clear that a person acted violently only in self-defense, or if they don’t have the mental capacity to stand trial, the charges might get dropped.

·       Witness credibility issues. Sometimes, charges are dropped or dismissed because of witness credibility issues. For example, let’s say the entire case depends on the eyewitness testimony of someone who claimed to be in the location of the crime when it occurred; if it can be proven the witness was miles away at the time, the eyewitness testimony won’t stand and the charges should fall away.

·       Interest of justice. Sometimes, prosecutors drop charges in the interest of justice. This is often because the defendant has no criminal record, or because the charges they would face are too severe, given the nature of the crime.

·       Completion of a diversion program. If the defendant completes a diversion program in some jurisdictions, it could be used as cause to drop or dismiss the charges.

· A plea bargain for a lesser charge. In some cases, the charges against a person are dropped because they took a plea bargain, which allowed them to face a lesser charge. In this scenario, the defendant won’t be free to go, but they’ll be in a much more favorable situation.

·       General prosecutor discretion. Prosecutors have the discretion to drop charges as they see fit. They can technically drop the charges for any case where they feel such a move is appropriate.

·       General judge discretion. Similarly, judges have the discretion to dismiss charges as they see fit. They can refuse to move forward with any case they deem to be unworthy of the court’s time.

How to increase the likelihood your charges will be dropped or dismissed

If you’re interested in having criminal charges against you dropped or dismissed, there are a few things you can do to maximize the chances of this happening. First, make sure to remain calm, polite, and silent throughout your arrest. Second, hire the best criminal defense attorney you can afford; a good criminal defense attorney can give you advice on how to conduct yourself during this process and work with prosecutors and the judge to get you a favorable outcome. Third, follow any and all advice that your lawyers give you.

It’s relatively common for criminal charges to be dropped or dismissed, because there are so many possible motivations for these actions. If you conduct yourself responsibly and work with a competent attorney, you can maximize the chances of having your charges dropped.