San Diego Criminal Lawyers Blog
If you are facing criminal charges, you may be hoping that charges will be dropped or dismissed, eliminating the tension and cost of a trial. While plenty of defendants are not so lucky, it is certainly a possibility in many cases.
Dropped and Dismissed Charges are Not the Same
There is a distinct difference between having charges dropped and having them dismissed:
- Dropped Charges: Charges may be dropped at any time during a case if a prosecutor loses confidence in their chances of winning. Even if charges have not yet been officially filed, they may be dropped.
- Dismissed Charges: Charges can only be dismissed after they have been filed, and this must be done by a judge.
Why Might Charges be Dropped or Dismissed?
There are plenty of reasons that a case might not make it to trial and a verdict. Some of the most common scenarios include:
- A strong case cannot be developed with the evidence currently available, so proof beyond a reasonable doubt is unlikely.
- A victim may request that the charges be dropped and refuse to cooperate with the prosecution, weakening the case.
- There could be errors in the criminal complaint.
- The prosecutor may lack the resources to pursue the case.
- The defendant may be exonerated based on new evidence– even after a conviction.
- Information central to the case may have been illegally obtained and is therefore inadmissible.
- The rights of the suspect may have been violated—such as through an illegal search or failure to Mirandize, leading to a decision to drop it.
- A plea deal may have been negotiated between the prosecution and the defense that drops certain charges in exchange for a guilty verdict or cooperation in testifying against others.
- Venue issues may lead to dropped charges.
- A Plea in Abeyance may be offered, requiring rehabilitative classes, for example, in exchange for dropped charges (although failure to complete the requirements would result in a mandatory guilty plea on the charges).
Is it the Same as Being Acquitted?
Having charges dropped or dismissed is definitely not the same thing as getting an acquittal. In the case of an acquittal, a judge or jury found that there was not enough evidence to convict the defendant. That means the defendant can never be retried on those charges—that would be Double Jeopardy. Conversely, if the charges were simply dropped or dismissed, the prosecutor could refile the exact same charges at a later date when they believe they have a stronger case.
What Appears on My Record?
Both dismissals and acquittals will appear on one’s criminal record unless the record is expunged. Of course, neither will have the crushing impact on employment or housing that a guilty verdict has.
Fighting for You
The creative and knowledgeable criminal defense lawyers at Boertje & Associates always fight for the best outcomes for our clients. To discuss your situation, schedule a confidential consultation in our San Diego office today.