If you’re facing criminal charges, you might feel overwhelmed at the thought of potential consequences. This could be fines, probation, imprisonment, a bad criminal record, loss of professional licenses, reputational damage, or future denial of legal rights like voting.
Because of such adverse outcomes, you may desire to have the criminal charges dropped, especially if you’re innocent or committed the offense unknowingly. This is very possible. This article walks you through the how of getting criminal charges dropped.
Hire a Criminal Defense Lawyer
The moment charges are filed against you, consider hiring a federal criminal defense lawyer. An experienced one can identify legal loopholes in your case and get the charges dropped before you appear in court. By reviewing the details of the charges, they can unearth potential legal flaws like procedural errors, inconsistencies in witness testimonies, or violations of your rights during your arrest or the investigation.
They’ll then use their knowledge of local and federal laws to challenge the charges before they reach the courtroom. And even if the charges aren’t entirely dropped, they can help reduce the charges or get a favorable settlement. So, if you’re facing criminal charges, the critical first step is to speak to a defense criminal lawyer in Houston or one in your specific locality.
Challenge Probable Cause
Challenging the probable cause of your arrest can lead to the charges being dropped. The term probable cause refers to the legal standard that law enforcement officers must meet to justify an arrest.
If you can prove the police officer didn’t have sufficient reason to arrest you, the charges may be dismissed. This is because the arrest is deemed not legitimate. The officer didn’t arrest you based on facts and evidence. They simply acted on assumptions, hearsay, or personal biases.
And without legal grounds, even new evidence gathered afterward becomes inadmissible. This is the principle of “fruit of the poisonous tree.” Any evidence coming afterward as a result of an illegal arrest can also be considered tainted. Should the police interrogate you or conduct further searches, the evidence they gather could be excluded from the trial.
Negotiate a Plea Deal
In a plea bargain, the prosecutor and defendant agree to resolve a criminal case without proceeding to trial. Through the plea agreement, the prosecutor can do three things:
- Reduce the initial charge to a less weighty charge
- Entirely dismiss specific charges
- Recommend a lighter sentence
But for this to happen, you, the defendant, must plead guilty or no contest to the remaining charges. Some people argue that this approach coerces innocent people into pleading guilty because they fear punishment. Nevertheless, it’s advantageous to you in several ways.
You can avoid jail time by getting either probation or community service. Your criminal charges may be reduced from felony to misdemeanors, thus avoiding the typical long-term consequences of criminal charges. Also, you’ll be more certain about your sentence and avoid the typically lengthy and unpredictable trial. Finally, plea deals are ideal if you value privacy since they happen quietly out of court.
Take Advantage of Pretrial Diversion Programs
Depending on where you come from, there might be pretrial diversion programs for first-time offenders that you can take advantage of. You might be required to complete community service or undergo counselling, or rehabilitation.
Once you complete these, the charges can be dismissed. And therefore, you’ll have avoided trial and its associated hurdles and consequences. Just make sure to meet all the program conditions. Otherwise, the charges may still hold.
Disprove Witnesses
Suppose the case dwells heavily on witness testimonies. In this case, you can find a way to disprove them. For example, you can bring to light inconsistencies in their statements, unmask bias, or prove that they intentionally lied.
This may convince the prosecutor that their key witnesses are unreliable, which could be discredited in court. Thus, they may rather drop the charges than risk losing the case.
Present an Alibi
A solid alibi is a strong justification against a criminal suit. Prove that you were elsewhere when the said crime was committed. This is enough proof that you were not involved in the criminal act.
One way to strengthen an alibi is by providing statements from witnesses who can testify to your whereabouts at the time of the crime. think about people who were with you, including friends, family members, workmates, or even strangers. The witnesses should ideally be persons who have no interest in the case. Their accounts should be clear and consistent to convince the prosecutors to drop the case.
Another strategy is using digital records. This includes receipts, GPS location data, cell phone logs, social media posts, or surveillance footage. All these can show exactly where you were at the time of the alleged crime. As long as the evidence is clear and reliable, the prosecution will be forced to reconsider the charges or even drop the entire case.
Prove That Your Constitutional Rights Were Violated
Law enforcers should never overstep their legal boundaries while investigating the case or arresting you. A good example is illegal search and seizure. The Fourth Amendment of the U.S. Constitution protects people from unreasonable searches and seizures without a warrant or probable cause. If they get evidence through an unlawful search, whatever they gathered may be inadmissible in court.
For example, if the police officers break into your home without a search warrant and seize items as evidence of a crime, your criminal defense attorney can argue that the search was illegal. This follows the “exclusionary rule,” which states that any evidence obtained unconstitutionally can’t be used against the defendant in court.
Another constitutional right is defined in the Fifth and Sixth Amendments. This guarantees the right against self-incrimination and the right to counsel. After an arrest, the law enforcers are supposed to read to you your Miranda rights. Fundamentally, this informs you of your right to remain silent and your right to engage an attorney. If they fail to read this to you, any statements you make during interrogation may be inadmissible in court.
Conclusion
Being slapped with criminal charges doesn’t necessarily mean you must end up in jail or pay hefty fines. There are plenty of workarounds you can employ to have the charges dropped, as outlined herein. Whichever route you consider pursuing, it’s best to have an experienced criminal defense attorney by your side. They can offer personalized insight depending on the specifics of your case.
