Who has the authority to drop charges is one of the inquiries we receive regularly. When the accused wants the accuser to dismiss the charges, they frequently ask this question in domestic violence cases.
The truth is that the accuser has no authority to dismiss a case or drop charges. Who then does? Continue reading to learn more about it, and to schedule a free legal consultation with Law Office of Michael L. Fell, call (949) 585-9055 if you require the services of a criminal defense lawyer.
Charges may be handled in a variety of ways
There are a variety of possible outcomes after an arrest. Undoubtedly, some are more welcome than others, and the best choice is to have the accusations completely withdrawn. Additional possible consequences include:
- Acquittal. This is an instance where the jury returns a not guilty judgment.
- Conviction. In this instance, the jury judges the defendant to be guilty.
- Plea bargain. In this scenario, the accused enters a guilty plea in return for fewer charges or a lenient punishment.
- Mistrial. This is an instance where a trial is deemed invalid due to some sort of issue or error. This can happen if the jury couldn’t come to a unified conclusion.
- The charges are withdrawn. In this instance, the prosecutor chooses against pursuing the matter further. Before the court date or even before the charges are formally brought, it might occur.
- Case dismissed. This occurs when a case has already been brought, and it frequently arises as a consequence of problems with the law or shortcomings in the evidence used against the defendant.
Only two individuals have the power to dismiss a lawsuit
Only the judge and the prosecutor have the authority to dismiss a case in criminal court in California. In contrast to "District Attorney," "prosecutor" has wider authority. Although not all prosecutors are District Attorneys, every District Attorney is a prosecutor. A District Attorney will be chosen by the voters of the majority of California's cities and counties. The majority of assistant district attorneys support them.
Only in certain situations may a court dismiss a case. The most frequent is determining that a matter lacks merit and must be dismissed. The court has the discretion to dismiss the case after both parties have presented their initial evidence if the prosecution's case fails to satisfy even the bare minimal requirements for proof. Although it is infrequent and shouldn't be relied upon as a defensive tactic, it does occasionally occur.
Call right now to speak with a knowledgeable lawyer
In the state of California, it is crucial that you hire legal counsel as quickly as possible if you have been accused of any criminal offense. Calling Law Office of Michael L. Fell at (949) 585-9055 will enable you to begin working with us right immediately. The finest defense is one you deserve. You should have the greatest possibility of success. For your free legal consultation, contact us right now.