Suppose you've been charged with one or more crimes in California. Discovering that some or all of the charges have been dropped can be a massive relief.
Getting charges dropped is often the best outcome in criminal cases, making it a common defense strategy for attorneys, especially at the start of the case.
Suppose the district attorney (prosecutor) decides to drop a criminal charge against you. In that case, it means they will no longer pursue the case, it will not proceed to trial, and you will not face any penalties for the crime.
The district attorney can drop a misdemeanor or felony charge before or after filing a criminal case. You must be released if you are in custody when a charge is dropped.
Notably, however, a dropped charge does not automatically mean that the charge will be permanently dismissed. A prosecutor can reinstate a charge later if they discover new evidence against you.
In other words, in the criminal justice system, a dropped charge means that the district attorney handling your case will no longer pursue the case against you. It also means no more court dates.
There are numerous reasons a prosecutor would drop your criminal charge. One of the most common is insufficient evidence to secure a guilty plea or convince a jury to announce a guilty verdict. Perhaps the DA realizes you could successfully make a self-defense argument if they filed charges against you.
Maybe new credible evidence, such as DNA or new witnesses, has cleared you of the alleged offense. Perhaps a plea agreement was reached, including dropping some charges in exchange for a guilty plea.
What Will Happen to You When Charges Are Dropped?
Criminal charges could be dropped at any point in your case before a verdict is reached. They could also be dropped before criminal charges are formally filed, called a "DA reject." However, most dropped charges by the DA often occur before trial.
Suppose a criminal charge against you is dropped. In that case, it means the following:
- The DA will no longer pursue a conviction for the charge against you.
- The case will not proceed to trial.
- If a trial has already started, the case will not proceed.
- You will not face legal penalties for the alleged crime.
- You will be released if you are in custody when the charges are dropped.
In addition, California's Clean Slate Laws (AB 1076, SB 731) passed in recent years say that any criminal charges against you that do not result in conviction are automatically sealed from your criminal record, so they will no longer appear in background checks.
Why Would a District Attorney Drop Criminal Charges?
There are many reasons why a prosecutor might decide to drop criminal charges, including the following:
- Insufficient evidence to convict: The prosecutor might determine that there isn't enough evidence to prove the case beyond a reasonable doubt.
- Plea agreements: If multiple criminal charges are pending, prosecutors might agree to drop some of the charges as part of a plea bargain. Perhaps they will drop a more severe charge in exchange for your pleading guilty to a lesser one.
- Uncooperative victim: If the alleged victim refuses to cooperate or doesn't want to pursue charges, prosecutors may drop the charge, especially if they are a crucial witness, which is common in domestic violence cases.
- Unreliable witnesses: If primary witnesses are unavailable or their credibility is questioned, the prosecutor might drop the charges.
- Exculpatory evidence: New evidence may contradict the prosecution's case or support the defendant's innocence.
- Procedural issues: If the evidence was collected incorrectly or the defendant's rights were violated during the arrest, the DA might drop the charges to avoid being dismissed by the court.
- Resource management: A prosecutor must also consider the cost and time of pursuing a trial. If the case is minor or the evidence is weak, they might decide it's not worth pursuing.
What About Domestic Violence Cases?
In many domestic violence cases, alleged victims refuse to cooperate even after initially filing a police report and cooperating with the prosecutor.
It's common for victims to recant their story and ask the DA to drop the charges, but DAs are familiar with this scenario and believe the victim is lying to cover the alleged abuser.
Alleged victims of domestic cannot drop charges, and the DA might still pursue the case even without their cooperation. Despite all these specific reasons (except for a plea bargain), prosecutors usually drop charges simply because they don't believe they can get a conviction. They don't want to spend taxpayer money on a trial they know they will lose.
What About an Illegal Search and Seizure?
It may be possible to get criminal charges dropped because of an illegal search and seizure. Suppose the police exceed the bounds of the search warrant or the warrant itself is too broad in scope.
In that case, your defense lawyer can ask the judge to suppress evidence gathered from the illegal search, sometimes forcing a prosecutor to drop the charges.
Law Enforcement typically needs a search warrant to enter and search your home or vehicle. The search warrant must specify what items the police are looking for.
Police can't legally search without probable cause to believe you committed a crime, and they can find evidence at the location.
Suppose the police failed to read you your Miranda rights before a custodial interrogation, which means questioning you after the arrest. In that case, the judge might suppress whatever you said, including a confession.
Dropped Charges vs Dismissed Charges
While dropping charges might have the same outcome as dismissing them, they differ in scope. Specifically, charges are dropped by the prosecution and dismissed by a judge. Consider the following:
- A dropped charge means the DA has decided not to proceed with the case against you for any of the abovementioned reasons.
- A dismissed charge means the judge has decided not to proceed with your case for various reasons, such as procedural errors, a lack of evidence, or violations of constitutional rights.
Does a Dropped Charge Mean the Case is Permanently Over?
Not necessarily. Notably, a dropped charge does not fall under double jeopardy protections because they only apply to completed trials.
The district attorney might be able to refile the charges if additional evidence is discovered later, as long as it is within the statute of limitation.
This also differs from having a charge dismissed because the judge can dismiss a charge "with prejudice," meaning prosecutors cannot re-file based on the same claims or evidence.
Thus, even if charges are dropped, you must remain alert and continue working with your attorney to protect your rights. You should consult a California criminal defense lawyer to review the case details and discuss whether we can drop your criminal case. Eisner Gorin LLP is based in Los Angeles, CA.
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