If you’re facing criminal charges, you may wonder if you can get them dropped. You’ll have a better chance by working with a criminal defense attorney rather than trying to plead your case on your own.
While TV shows and movies often make it seem simple, it’s a lot more complex in reality. Here’s what to know about getting charges dropped in criminal cases.
How Can Criminal Charges Get Dropped?
One thing that will likely surprise you is that it’s not the alleged victim who drops charges. We see it on the big screen all the time, but the reality is that it’s the office of the district attorney, attorney general, or another local authority who drops the charges.
Victims can file a complaint against the accused. They can additionally choose to no longer participate in the case. They may even request that the charges be dropped. However, that will all be up to the prosecutor to decide.
As the defendant, you may even enter a plea bargain for a reduced sentence, or the prosecutor may decide to drop the charges. The reasons why vary greatly.
Why a Victim May Have Second Thoughts About Pressing Charges
Often, when victims decide they don’t want to participate in the case any longer, it could be out of fear. They may be afraid of retaliation. In domestic violence cases, many of these victims are in love and don’t want to ruin their relationship, hence they will no longer want to continue with the case.
Sometimes, a victim will believe that they mistakenly identified the wrong person for a crime. But regardless of what a victim thinks or whether they want to participate or not, the prosecution makes the decision. They may decide to drop criminal charges, or they may continue to pursue the case.
Reasons Prosecutors Drop Charges in Criminal Cases
Just as a victim may no longer wish to participate in the case, a prosecutor may decide to drop charges. It may even be due to the victim refusing to participate in the case and wanting the charges dropped. The prosecuting attorney may simply be forced to drop charges in this scenario.
In other instances, a new witness may come forward and refute the stories of the current witness. If the defense has enough evidence to convince a jury in their favor, it can severely weaken the prosecution’s case, making it likely that they will drop the charges.
Likewise, the prosecution may lack enough physical evidence to prove you’re guilty beyond a reasonable doubt. New evidence may even come to light such as DNA samples that show you were not the perpetrator of the crime in question.
Prosecutors also drop more serious charges in exchange for a guilty plea to lesser crimes. A criminal defense attorney will advise you as to whether or not this is a wise move in your situation.
One thing to keep in mind is that there may be evidence against you that is ruled inadmissible. For example, if the evidence in the case was obtained without a valid warrant, your lawyer will likely be able to have the prosecution drop your charges completely.
Why Hire a Criminal Defense Attorney to Help Drop Charges?
Few ordinary citizens are aware of their legal rights when it comes to criminal charges and often don’t realize that their rights were violated. By working with a criminal defense attorney Tucson residents will have someone who keeps those rights in mind and works to preserve their clients’ freedom by standing up to the prosecution.
With evidence and a legal team that can come to your defense, you may be able to escape conviction for your alleged crimes.