If you are facing criminal charges, it might seem that there is no way out. The truth is that prosecutors drop charges more often than you might imagine. It is also true that if you work with an experienced criminal defense attorney, we can fight to encourage the prosecution to drop their charges.
Keep reading to learn about five of the most common reasons that prosecutors drop charges and then contact Law Office of Michael L. Fell at (949) 585-9055 to request a free legal consultation if you are facing charges.
- There is a Lack of Evidence
- The Prosecution Doe Not Have Enough Resources
- The Accused Was a First-Time Offender
- A Witness or Victim Did Not Come Forward
- The Accused Cooperated with Other Investigations
It is an uphill battle for the prosecution to win their case. They have the burden of proof and must show beyond a reasonable doubt that a person has committed a crime. Even if there is evidence that strongly suggests a person committed a crime, that is not enough. Prosecutors need strong evidence and not gathering enough is one of the top causes of dropped charges.
Note that in this case, it is especially important to work with a criminal defense attorney. Why? Because if the prosecution believes they have a strong case – but not quite strong enough to win at trial – they are not going to tell you that. They are going to try to get you to plead guilty to a lesser offense. Your attorney can spot a weak case a mile away and will be able to advise you not to take a deal.
The truth is that California prosecutors are overworked. They have so many cases on their desk that they could not possibly try them all. If you have been charged with a relatively minor case and will not plead guilty to it or a lesser offense, then they might simply decide to use their resources on a higher profile or more serious crime. This can lead to them dropping the charges.
Once again, if the crime was relatively minor, such as a low-level theft crime, and the accused has no criminal background, then the prosecutor might elect to drop the charges rather than wasting resources. However, there will still be an arrest record, which means that if the accused commits that or another crime again, they are not likely to be as lucky the second time.
If the case was largely built on a victim or witness coming forward, and they do not do so, then the prosecutor might have no choice but to drop the charges.
In many cases, the prosecution is not really interested in convicting the accused but would rather get help with other crimes. If the accused is able to provide useful information on other open cases, then the prosecution might drop the charges.
Are you facing a criminal charge in California? No matter how minor it is, you should contact a criminal defense attorney for help. You can do that by calling Law Office of Michael L. Fell at (949) 585-9055 for a free legal consultation.