At The Criminal Defense Team, our board-certified criminal trial specialists often try to resolve criminal cases well before the trial component of our clients’ cases. It may be possible to have criminal charges dropped for various reasons. Our defense lawyers in Indianapolis can explore the options in your case.

How Criminal Charges Are Dropped

The prosecutor is responsible for filing criminal charges, but they can also decide not to file charges if they don’t think they can make the case against the defendant. It is generally up to the prosecutor whether or not to drop criminal charges after they have filed them.

Even if the complaining witness recants or refuses to testify, the prosecutor could still decide to move forward with the case.

Criminal defense attorneys can file a motion to dismiss a case with the court if they believe the prosecution has insufficient evidence or they have other legal grounds to seek a dismissal, such as the statute of limitations has already expired.

In other cases, they may first seek to limit evidence that can be introduced in a case if law enforcement obtained it illegally. In those cases, the defense attorney would file a motion to suppress evidence. If successful, the prosecutor may not have sufficient evidence to meet their burden of proof and may need to dismiss charges.

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Reasons Why Some Criminal Charges Are Dropped

Criminal charges can be dropped for various reasons in the interest of justice, agreement between the parties, or due to illegal ways the case was handled. Some of the reasons criminal charges may be dropped in Indiana include the following:

Insufficient Evidence

The prosecution has the burden of proving, beyond a reasonable doubt, that the defendant committed each element of the offense. If the prosecutor believes they can’t meet this heavy burden, they may ask to dismiss the charges.

Problems with Witnesses

Witnesses may die, leave the jurisdiction, be unavailable, or refuse to testify. Without crucial testimony, the prosecution may decide to drop the charges.

Violations of Constitutional Rights

Criminal defense lawyers can file motions to suppress evidence when police officers illegally obtain it, such as when they search without a required warrant. This could potentially lead to a dismissal of the underlying criminal charges.

Diversion Programs

Defendants may be eligible for diversion programs in which they agree to certain terms in exchange for the charges against them being dropped.

Prosecutorial Discretion

The prosecutor may have the discretion to drop charges if they believe doing so is in the interest of justice.

Plea Agreements

Prosecutors may agree to drop some charges against a defendant in exchange for the defendant pleading guilty to other offenses.

The Criminal Defense Team Can Help Fight for an Early Dismissal of Your Charges

When possible, The Criminal Defense Team of Baldwin Perry & Wiley PC can try to have the charges against you dropped through an agreement with the prosecutor or by filing an appropriate legal motion based on the specifics of our clients’ case. If charges can’t be dismissed, we can prepare for trial and provide zealous legal representation in that arena. Learn more about your specific options when you call (317) 743-3295 for a free consultation.

Can a Criminal Case Be Dismissed Before Trial?