Can You Have a Criminal Case Dropped or Dismissed?

From the perspective of a criminal defense attorney, a client's best chance to beat a charge is by nipping the case in the bud. If a charge has already been filed, there are two potential outcomes that a defendant would hope to see. First, there is the case being dropped. Second, there is having it dismissed. These are two different possibilities, so it's wise to understand the distinctions and the chances involved.

Dropping a Case

Only two parties on the state's side have the power to drop a case. These are the arresting officer and the prosecutor, although prosecutors are vastly more likely to be the ones to drop a case once charges have been filed.

Criminal charges get dropped for lots of reasons. The police may have only been using the charges to get control of a situation. For example, it's not uncommon for cops to break up fights, unlawful gatherings, or unpermitted protests by arresting the least-compliant participants. Once the situation is under control, they may drop the charges and release the defendants.

A criminal defense lawyer may also be able to convince the police or the prosecutor that the case has no chance to hold up in court. For example, a defense attorney might present a video showing that someone other than their client clearly committed the acts in question. Similar issues can arise when there's evidence of police misconduct. If the state had a weak case to start with, the charges may be dropped to avoid the humiliation of fighting a losing battle in court.

Dismissing a Case

Cases can only be dismissed by judges. Normally, a criminal defense attorney will present a motion to dismiss. If the problem lies with the evidence, the judge will then be presented with arguments similar to the ones used to push for a case to be dropped. If it is a matter of law, such as a case not being properly charged or the offense not really being a crime, the defense attorney will tell the judge why they think the case is bunk. The judge will then rule on the merits of the argument, deciding whether the case can go forward or not.

Notably, a motion for dismissal is an option at any stage after charges have been filed. A dismissal might occur at arraignment, during discovery or even at trial. Be aware, though, that prosecutors rarely let bad cases get past the pre-trial stage.

Learn more about dropping or dismissing a case by contacting a criminal defense attorney.