Could My Charges be Dropped?

If you are facing criminal charges, one of the best possible outcomes would be for the charges to be dropped or dismissed, removing the stress and expense of a trial. While it may not be a guarantee, it is certainly a possibility in many cases.

Dropped and Dismissed Charges are Two Different Things 

To be clear, there’s a distinct difference between having charges dropped and having them dismissed:

• Charges can be dropped at any time during a case if a prosecutor loses faith in their ability to win—even if they haven’t yet been filed.
• Charges can only be dismissed after charges have been filed, and this must be done by a judge.

Why Might Charges be Dropped or Dismissed? 

There are a plethora of reasons that a case might not make it through to a verdict. Some of the most common scenarios include:

• A strong case cannot be developed with the evidence at hand.
• A victim may request that the charges be dropped and refuse to cooperate with the prosecution, weakening the case.
• The defendant may be exonerated based on new evidence such as DNA or other scientific information—even after a conviction.
• Key information may have been illegally obtained and therefore inadmissible.
• The constitutional rights of the suspect may have been violated, leading to a decision to drop it.
• A plea deal may have been negotiated between the prosecution and the defense that drops certain charges in exchange for a guilty verdict or cooperation in testifying against others, for example.
• Venue issues may lead to dropped charges.
• A Plea in Abeyance may be offered requiring something like rehabilitative classes or something in exchange for dropped charges (although failure to complete the requirements would result in a guilty plea on the charges).

Is it the Same as Being Acquitted? 

Having charges dropped or dismissed is definitely not the same thing as getting an acquittal. With an acquittal, a jury or judge found that there was not enough evidence to convict the defendant.  That means the defendant can never be retried on the same charges—that would be Double Jeopardy.  On the other hand, if the charges were merely dropped or dismissed due to lack of evidence, for example, the prosecutor may refile the exact same charges at a later date when they believe they have a stronger case.

What Appears on My Record? 

Both dismissals and acquittals will appear on one’s criminal record unless the record is expunged.  Of course, neither will have the crushing impact on employment or housing that a guilty verdict has.

Fighting for You 

The creative and knowledgeable Las Vegas criminal defense lawyers at Lobo Law always fight for the best outcomes for our clients.  To discuss your situation, schedule a confidential consultation in our Las Vegas office today.

Source:

apnews.com/article/nevada-republicans-fake-electors-indictment-trump-9d06ffc619314f85e0bdb321b820a557