It is possible for criminal defendants to persuade prosecutors to dismiss their charges in a variety of ways. They may be able to offer exculpatory evidence, complete a pretrial diversion program, consent to testify against another defendant, accept a plea bargain, or demonstrate that their rights were abused by law enforcement officers. However, if the prosecutor discovers fresh evidence to support the charge, the case may be eligible for reconsideration.
Keep reading to learn more or contact Chambers Law Firm directly at 714-760-4088 to find out whether your charges might be dropped or if you will need to fight them in court.
Will exculpatory evidence be sufficient to persuade a prosecutor to dismiss the charges?
The most common cause for a prosecutor to choose to dismiss a criminal prosecution is the discovery of exculpatory evidence. It has the potential to prevent the prosecution from establishing its case beyond a reasonable doubt.
Exculpatory evidence is any indication that the defendant is not guilty of the crime for which they are being prosecuted, or that the state may not be able to establish guilt beyond a reasonable doubt in the defendant’s case. The following are examples of exculpatory evidence:
Evidence that someone other than the defendant committed the crime includes video that shows someone else committing the crime, or proof that the person being charged was not at the scene of the crime. In short, evidence that someone other than the defendant has confessed to the crime.
A prosecutor should withdraw charges when the exculpatory evidence is particularly strong, since it is apparent the person being charged is not the person that committed the crime. Some prosecutors, on the other hand, will only drop charges if there is overwhelming evidence to support the defense. The likelihood of this occurring increases when law enforcement does not have any other suspects to question.
Is it possible for me to participate in a pretrial diversion program?
Enrolling in a pretrial diversion program is one of the most frequent methods of convincing a prosecutor to drop a criminal case. These programs, however, are only available to those who have committed certain criminal acts or who are criminal defendants.
Early intervention and deferred prosecution (EI&D) programs are alternatives to the traditional criminal justice system. Every program is unique, however they all follow a similar structure in that they include the following steps:
In this scenario, a person is arrested and criminal charges are filed. If the situation allows, the defendant can choose to participate in a diversion program. A defendant then enters a guilty plea, a sentence is suspended, and the defendant enters into a diversion program. When the program is done, the prosecutor drops charges and the court dismisses the case.
The majority of diversion programs are comparable to probation. The program contains conditions and rules that must be adhered to, such as the following:
Not committing another crime, participating in victim impact panels, making reparations to victims, seeking therapy or alcohol or drug treatment, and reporting to a probation officer are all examples of good behavior.
Each program, on the other hand, is unique. The program’s guidelines are customized to the individual criminal act being prosecuted.
Once the process is complete, the defendant may be eligible to file for expungement. This would result in the case being struck from his or her criminal history. To learn more about your options, contact a criminal defense attorney by reaching out to Chambers Law Firm at 714-760-4088.
