There are several ways for criminal defendants to convince a prosecutor to drop their charges. They can present exculpatory evidence, complete a pretrial diversion program, agree to testify against another defendant, take a plea deal, or show that their rights were violated by the police. The prosecutor may still be able to refile the case if they find new evidence to support the charge.
Will exculpatory evidence will convince a prosecutor to drop the charges?
Exculpatory evidence is the primary reason why a prosecutor may elect to drop a criminal charge. It can keep the prosecutor from proving their case beyond a reasonable doubt.
Exculpatory evidence is any sign that the defendant is not guilty of the crime they are being accused of committing, or that the state may not be able to prove guilt beyond a reasonable doubt. Examples of exculpatory evidence include:
- footage of the crime that shows someone other than the defendant committing it,
- proof that the defendant was not at the scene of the crime when it occurred, or
- someone other than the defendant has confessed to the crime.
When the exculpatory evidence is especially strong, the prosecutor should drop the charges because it is clear that the defendant did not commit the crime. Some prosecutors, though, will only drop the charges if the exculpatory evidence is overwhelming. This is especially common if law enforcement does not have any other suspects.
Can I join a pretrial diversion program?
Joining a pretrial diversion program is a common way to get a prosecutor to drop a criminal charge. However, only certain criminal offenses and criminal defendants are eligible for these programs.
Pretrial diversion programs are alternatives to the traditional criminal justice system. Every program is different, but they generally involve the following steps:
- the defendant is arrested and charged with a crime,
- if the defendant and the offense are eligible for diversion, the defendant can choose to participate in the program,
- the defendant pleads guilty,
- the court suspends the sentence,
- the defendant joins the diversion program,
- once the defendant has completed the program, the prosecutor drops the charge, and
- the court dismisses the case.
Most diversion programs are similar to probation. The program has terms and rules that have to be followed, like:
- not committing another crime,
- attending victim impact panels,
- paying victim restitution,
- going to counseling, or alcohol or drug treatment, and
- checking-in with a probation officer.
Each program is different, though. The rules of the program are tailored to the specific criminal offense.
Once completed, the defendant may be able to pursue an expungement. This would remove the case from his or her criminal record.
The charges will only be dropped if the program is completed successfully. If the defendant fails to complete the diversion program, the case goes back into the criminal justice system. It goes straight to sentencing because the defendant will have already pled guilty.
Not all defendants or criminal offenses are eligible for diversion. It is generally only an option for first-time offenders. There are also very few diversion programs for serious charges. Most programs only accept defendants without a criminal history and who have been charged with misdemeanors or low-level criminal cases like:
What if I cooperate in a case against another suspect or codefendant?
Prosecutors may agree to drop criminal charges in exchange for the defendant’s cooperation in another case.
This is only an option in a very limited set of circumstances. The defendant usually has to be accused of a relatively minor offense. He or she also must have access to enough evidence or information against someone else. That other case must be considerably more important than the one the defendant is facing.
Even when it is a possibility, law enforcement usually does not want to completely drop the charge. Instead, they will often offer the defendant a better plea deal or a lighter sentence.
Cooperating with law enforcement and “flipping” on someone else in exchange for a promise to drop charges is risky. Having the legal advice of a criminal defense attorney from a local law firm is essential.
Will a plea bargain drop criminal charges?
Certain types of plea bargains involve the prosecutor dropping one or more criminal charges against the defendant.
Count bargaining is a type of guilty plea. Defendants who are facing multiple counts of a criminal offense or several different charges can agree to a count plea bargain. In these types of plea deals, the defendant agrees to plead guilty to one or more of them. In exchange, the prosecutor will agree to drop the others.
What if my rights were violated by the police?
Constitutional violations by law enforcement often lead to dropped charges. When police violate a suspect’s constitutional rights, any evidence they find is subject to the exclusionary rule. A criminal defense lawyer can keep the evidence from being used in the defendant’s trial.
This can leave the prosecutor with insufficient evidence to secure a conviction. Dropping charges may be the only thing left for the prosecuting attorney to do.
Criminal suspects have several extremely important rights under the U.S. Constitution. Some of the most commonly violated ones are the:
- Fourth Amendment right to be free from unreasonable searches or seizures,
- Fifth Amendment right against forced self-incrimination, and
- Sixth Amendment right to counsel.
Showing that a constitutional violation happened is up to the defendant, though. Without an effective criminal defense attorney, it can be extremely difficult to do.
For example: Police pull over Steve’s car. The police officer does not have a search warrant or probable cause to believe that a crime has been committed. He even admits that he only did it to give someone a hard time. Steve fails a breathalyzer and is charged with DUI. If Steve can show that the traffic stop violated his Fourth Amendment rights, then the breath test results can be excluded from trial.
Will domestic violence charges get dropped if the victim stops cooperating?
Domestic violence cases may get dropped by law enforcement if the alleged victim stops cooperating with the district attorney.
However, the victim’s lack of cooperation does not always mean the charges will be dropped. The victim does not have the power to make law enforcement stop pursuing a criminal charge. If prosecutors have sufficient evidence to possibly secure a conviction without the victim’s cooperation, they will likely proceed in spite of the victim’s request.
Defendants who take matters into their own hands and try to dissuade a victim from cooperating in an attempt to get the charges dropped will commit a crime. In California, Penal Code 136.1 PC covers intimidating a witness or victim. Convictions carry up to 4 years in prison.
