One of the questions we get frequently is who has the power to drop charges. This is often a question asked in domestic violence cases when the accused wants the accuser to drop the charges. The reality is that the accuser doesn’t have the power to drop charges or dismiss a case. So who does? Read on to learn more about it and if you’re in need of a criminal defense attorney, contact Law Office of Michael L. Fell at (949) 585-9055 for a free legal consultation.

There are a number of ways charges can go

Once a person is arrested, there are a number of potential outcomes. Certainly some are more welcome than others and having the charges dropped altogether is one of the most positive options. Other potential outcomes include:

• Acquittal. This is a situation in which a jury comes back with a not guilty verdict.
• Conviction. This is a situation in which the jury finds the defendant guilty.
• Plea bargain. This is a situation in which the accused pleads guilty in exchange for lesser charges or a lighter sentence.
• Mistrial. This is a situation in which a trial is considered invalid as a result of some type of problem or mistake. This can happen if the jury can’t come to a unanimous decision.
• Dropped charges. This is a situation in which the prosecutor decides not to further the case. It can happen before the court date and even before the charges are officially filed.
• Dismissed case. This happens when a case is already filed and is often the result of legal issues with the evidence found against the defendant, or other deficiencies.

There are only two people with the authority to dismiss a case

In California criminal court, there are only two people who have the power to dismiss a case: The judge and the prosecutor. Note that “prosecutor” is broader than “District Attorney.” Every District Attorney is a prosecutor but not all prosecutors are District Attorneys. In most cities and counties throughout California, there will be an elected District Attorney. They are generally supported by many Assistant District Attorneys.

A judge can dismiss a case only under specific circumstances. The most common is finding that a case does not have the merit to continue. When both sides present their initial evidence, if the judge sees the prosecution’s case and decides that they do not meet even minimum burdens of proof, then the judge can decide to dismiss the case. This is unusual and shouldn’t be counted on a defense strategy but it does happen.

Call today to talk to an experienced attorney

If you’ve been charged with any criminal act in the state of California then it is imperative you get an attorney as soon as possible. When you reach out to Law Office of Michael L. Fell at (949) 585-9055 we will get started right away. You deserve the best defense. You deserve the best chance of a positive outcome. Call us today for your free legal consultation.