When can a first criminal offense charge be dropped in court?

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Question:

When can a first criminal offense charge be dropped in court?

Answer:

Getting criminal charges dropped is not a simple matter. The law exists and sets prohibitions and rules for a reason, and any time you violate laws imposed by the criminal code, you face penalties. These criminal penalties may include fines, jail time, community service, probation, mandated drug counseling, a requirement to pay restitution to the victim, or a whole host of other penalties depending on the nature of the crime you have committed. While there are varying levels of seriousness associated with crimes- for example, felonies are more serious than misdemeanors- all actions prohibited by the criminal code are considered to be relatively serious in nature. 

As such, the only way you are going to get criminal charges dropped is if you prove that the charges should not have been brought in the first place or that there is not enough evidence against you for the prosecutor to prove the charges. For example:

  • You can prove the evidence against you was collected improperly in violation of your constitutional rights and that it should not be admitted against you
  • You can prove that there is not sufficient evidence against you to possibly prove beyond a reasonable doubt that you are guilty, and thus that the charges should be dropped.

If there is enough evidence against you to take the case to trial, and the evidence was collected appropriately and suggests you might be found guilty, then the case will usually go to trial where you will have to introduce reasonable doubt as to your guilt or introduce an affirmative defense. Your only other option to avoid trial for charges brought against you is to try to arrange a plea bargain, but this generally requires an admission of guilt.

The criminal court system is confusing to a layperson, and if you don't know the rules, your penalties could be worse and you could even lose your freedom. You need to get help from a lawyer so you can navigate through the criminal justice system and get the best results possible. 

This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a Lawyer for your case.

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