If you are accused of a crime in California, the state will take legal action against you. Charges in both misdemeanor and felony cases may be dropped, so all is not lost. Charges can be dropped before or after the prosecution files your case, and only the prosecution side has the authority to do so. Get in touch with your criminal defense attorney or the court to learn whether the charges against you have been dropped.

If you do not yet have a criminal defense attorney, we strongly suggest you contact one right away. Call Law Office of Michael L. Fell at (949) 585-9055 for a free legal consultation.

When the government drops charges

A charge may be dropped by the prosecution for a variety of reasons. For instance, you might be able to refute the allegation, or there might not be enough evidence to support a guilty plea or a finding of guilt. New evidence may also exonerate you from the accusation, or evidence may have been obtained illegally and cannot be used against you.

This could happen as a result of illegal Fourth Amendment protections violated by unlawful searches and seizures. Charges could also be dropped through a plea agreement or agreement with the prosecution. You might be given the chance to help the government solve additional crimes, for instance. You could possibly testify in other criminal instances.

If the prosecution decides not to pursue charges against you, the matter won't go to trial and the prosecution will dismiss the charges. You won't be punished for the claimed crime, and the court dates associated with the dismissed accusation are no longer necessary for you to attend. When the charge is dropped, you will be released if you are in detention.

If the accused victim changes decides not to take part in the case

If the claimed victim declines to take part in the case, the charges might also be withdrawn. For a variety of reasons, including fear of the accused, desire to keep up a connection with the accused, or realization that the wrong person was named, victims may choose not to press charges. Victims cannot, however, change their stories significantly or withdraw their accusations. Victims who do this risk being accused of filing a fraudulent police report.

New charges could be brought against you if the prosecution finds that you threatened or coerced the complainant into dropping the accusation. As a result, it's crucial to avoid taking any activities that could give you a bad reputation. In the future, charges could also be reinstated. When the court thinks the prosecution will be able to acquire more evidence, this frequently happens. The prosecution will re-file the case if your charges are upheld. As a result, the case will start over.

Dismissed vs. dropped charge

A dismissed charge and a dropped charge differ slightly. Both of these will prevent the prosecution of the charge against you in court. A charge that is dropped refers to the decision of the prosecution to end the case, whereas a charge that is dismissed refers to the decision of the judge to end the case. Charges will only be dismissed by judges once they have been filed. The prosecution cannot re-file the charge using the same allegations and evidence if the judge dismisses it with prejudice. The prosecution may re-file the charge using the same allegations and evidence if the judge rejects it without prejudice.

If you have questions about your criminal case, contact Law Office of Michael L. Fell at (949) 585-9055 now for a free legal consultation.