If you’re facing criminal charges, you don’t have to roll over and accept your fate. Believe it or not, there are plenty of different ways to get your criminal charges reduced or even dropped altogether.
Here are five examples:
1. Uncovering Procedural Errors
One of the most effective ways to get criminal charges dropped is by identifying procedural errors that occurred during the investigation or arrest. The criminal justice system operates under strict legal guidelines, and if law enforcement officials fail to follow proper procedures, it can lead to the dismissal of charges.
Example: If you were arrested without probable cause, or if the police violated your rights during a search or seizure, any evidence obtained as a result of these violations may be inadmissible in court. For example, “If law enforcement detains you for questioning without reading your Miranda Rights, any testimony you provide may be inadmissible,” Fanelli, Evans & Patel, P.C. explains. This could weaken the prosecution’s case significantly, leading to dropped charges.
Tip: It’s crucial to work with an experienced criminal defense attorney who can thoroughly review the details of your case and identify any procedural missteps. These errors, if proven, can be grounds for having the charges against you dropped before the trial even begins.
2. Challenging the Evidence
Another way to potentially get your charges dropped is by challenging the evidence that the prosecution plans to use against you. In many criminal cases, the evidence is key to the prosecution’s case. If the evidence is weak, unreliable, or improperly obtained, it may not hold up in court.
Example: In a drug possession case, if the drugs were found without a proper search warrant, your attorney could argue that the evidence is inadmissible. Similarly, if witness testimony is inconsistent or unreliable, it can be challenged in court. In some cases, forensic evidence may also be flawed or mishandled.
Tip: A skilled defense attorney will scrutinize the prosecution’s evidence and may be able to get it thrown out or discredited. Without sufficient evidence, the prosecution may have no choice but to drop the charges or offer a favorable plea deal.
3. Proving Lack of Intent
In many criminal cases, the prosecution must prove that you had the intent to commit the crime. This is especially true for charges like theft, assault, or fraud, where intent is a key element of the crime. If your defense can show that you didn’t have the intent to commit the crime, it may be possible to get the charges dropped.
Example: If you were charged with theft, but you can prove that you believed you had a right to the property in question, you could argue that there was no criminal intent. In cases of assault, self-defense is a common argument.
Tip: While proving lack of intent doesn’t necessarily mean that the events didn’t happen, it can be enough to cast doubt on whether a crime actually occurred. Without intent, the prosecution’s case may fall apart, leading to dropped or reduced charges.
4. Negotiating a Plea Deal
In some situations, negotiating a plea deal can be a strategic way to get your charges reduced or even dropped. A plea deal involves an agreement between the defendant and the prosecution in which the defendant agrees to plead guilty to a lesser charge or fulfill certain conditions in exchange for the dismissal of more serious charges.
Example: If you’re facing drug charges, the prosecution may offer to drop the charges if you agree to complete a rehabilitation program or community service. In other cases, you might plead guilty to a minor offense, like a misdemeanor, in exchange for the dismissal of felony charges.
Tip: While plea deals don’t always result in charges being completely dropped, they can lead to significantly lighter penalties and keep more serious charges off your record. It’s essential to have an experienced attorney who can negotiate on your behalf and ensure that any plea deal is in your best interest.
5. Lack of Probable Cause
In criminal cases, law enforcement must have probable cause to make an arrest or charge someone with a crime. Probable cause means that there are reasonable grounds to believe that a person has committed a crime based on the available evidence. If it can be shown that the police lacked probable cause at the time of your arrest, the charges may be dismissed.
Example: If you were arrested based on a vague description or without sufficient evidence to link you to the crime, your attorney could argue that there was no probable cause for the arrest. This can lead to the entire case being thrown out.
Tip: Without probable cause, any evidence gathered during or after the arrest may be considered “fruit of the poisonous tree,” meaning it was obtained illegally and cannot be used against you. If this happens, the prosecution may have no case to pursue, and the charges will be dropped.
Adding it All Up
While the weight of criminal charges can feel almost unbearable, it’s important to remember that you have options. As bleak as it might feel in the darkest moments, there are ways to potentially get your charges reduced or dropped. Working closely with your attorney to explore all options will help you find the best path forward.
