Is it Possible Your Charges Could be Dropped or Dismissed?
Being charged with a crime can be terrifying. How could it have happened to you? At this point, you are praying that law enforcement decides it was all some kind of mistake and you can just walk away and forget about the whole thing. That kind of miracle could come about if the charges were dropped or dismissed before ever reaching a courtroom. Is it possible one of these results could find their way to your case?
Dropping Charges
If a prosecutor thinks they have enough evidence to get a guilty verdict, they’ll go ahead and file charges, often taking the case all the way to trial. If, however, the prosecutor has reservations about the strength of the case, they may drop the charges. At that point they could instruct police to find further evidence, or they could drop the case altogether. This can occur at any stage of the process.
Dismissing Charges
If the prosecution is confident that they have proof of guilt beyond a reasonable doubt, they will naturally press forward with the case. During a preliminary hearing the issue of reasonable cause is weighed by a magistrate judge. There, the judge will examine the evidence at hand. If the judge considers the case to have probable cause to move forward, the prosecutor gets a green light to move forward. Conversely, if the judge finds that there is not a strong foundation for a case, the complaint will be dismissed, and the defendant is off the hook.
When Victims Want the Charges Dropped
There are situations where victims do not want to press charges after the fact. While the final decision is the prosecutor’s and they may believe it’s in the interest of public safety to continue on, it can be tough to do with an uncooperative victim. When a victim fails to assist the prosecutor, it can obliterate the prosecution’s case, resulting in dropped charges despite the prosecutor’s best efforts. This happens in cases of domestic violence, for example, when victims choose not to testify against their abusers.
When Prosecutors/Judges Choose to Drop or Dismiss Cases
There are a number of situations that lead to cases to be dropped or dismissed. While a case could come back to haunt a defendant later down the road, there are times when a case takes a turn in a whole new direction, and the original defendant is no longer a suspect. Circumstances that could lead to this kind of reprieve include:
- There’s just not enough evidence to seek a guilty verdict;
- A victim’s request to drop the case;
- The original theory of the crime is contradicted by new evidence;
- Evidence was mishandled, lost, or otherwise inadmissible;
- A defendant’s Constitutional rights were violated;
- An acceptable plea deal is reached.
Fighting for You
The experienced Las Vegas criminal defense lawyers at Lobo Law always fight for the best possible outcomes for our clients. More often than you’d guess, we can settle matters before the case ever makes it to trial. To discuss your situation, schedule a confidential consultation in our Las Vegas office today.
