Can a Criminal Charge Be Dropped?

Themis statue, judge hammer and books. Courtroom.

You likely have heard about someone’s criminal charge being “dropped” or “dismissed.” While that can happen, it is not common or customary. And, it does not occur by simply calling the police officer or prosecutor and asking for the charge to be dropped.

There are a number of different ways in which an aggressive and experienced criminal defense attorney can cause a criminal charge to result in a dismissal.

One way is by proving that the arrest was unlawful under applicable statutes or the constitution. Another way is by showing that evidence or a confession was illegally obtained, which could leave the prosecutor with insufficient evidence to move forward with the prosecution.

A criminal defense attorney can negotiate a resolution with the prosecutor. There are legal avenues by which a criminal defendant can have a charge dismissed after satisfying certain requirements, such as completing community service, treatment courses, or other steps toward personal rehabilitation or improvement.

The best chance of having a criminal charge dismissed is by contacting an experienced criminal defense attorney.