Can I Get Criminal Charges Dropped?

If you are facing criminal charges, you know that it can be a terrifying experience. The criminal justice system is complex, and throughout the process, you need to protect your rights. The prosecutor will review the details and evidence in the case to determine how to proceed. At the same time, your attorney will evaluate the information in the preparation of your defense. Sometimes, the state’s attorney may reduce or even drop some or all of the charges. Many people wonder how they can get the charges against them dropped in North Carolina.

 

Lack of Evidence

 

The prosecutor reviews the charges and evidence to determine whether the evidence is strong enough to obtain a conviction. Keep in mind that the prosecutor must be able to prove guilt beyond a reasonable doubt. They must prove every element of the charges using the evidence they have available. If there is not enough evidence or if some evidence is inadmissible, the prosecutor may decide not to move forward with the case.

 

Unreliable Witnesses

 

Witnesses are often a key element in proving a defendant’s guilt. If witnesses are not reliable or are uncooperative or unavailable, the prosecutor cannot rely on them to provide evidentiary testimony. This can occur, for example, when the case drags on too long, and witnesses are not able to remember the incident or may not be able to testify.

 

Illegal Search

 

Often, evidence is gathered through a search by law enforcement. However, if the search was conducted illegally, your attorney may petition to exclude the evidence from the case. If evidence was gathered unlawfully, it cannot be used, and therefore, there may be insufficient evidence to continue prosecuting the case.

 

Violation of Rights

 

The United States Constitution gives citizens some important rights. If law enforcement violated your rights at any time during an arrest, it could lead to the dismissal of charges. For example, if you were not properly given your Miranda rights, statements you made may not be allowed in court. If a confession was made as the result of coercion, the confession could be excluded from evidence. Your attorney will review the details to determine whether your rights were violated.

 

Diversion Program

 

In some cases, a defendant may be eligible to participate in a pre-trial diversion program, also called conditional discharge.  If eligible, the state may drop the charges on a temporary basis until the person successfully completes the requirements of the diversion program. If a person fails to complete the program, the charges may be reinstated. Some misdemeanor charges and some juvenile offenses may be eligible for diversion for first-time offenders.

 

Your criminal defense attorney will assess your case to help determine any areas in which evidence can be excluded or when the charges should be reduced or dropped. Your lawyer may work with the state’s attorney to reduce charges, request a diversion program, negotiate a plea arrangement, or get the charges dropped when possible.

 

If you have been charged with a crime, contact our office at Arnold & Smith, PLLC, at (704) 370-2828 to speak with our experienced legal team.

 

 

 

 

 

 

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Source:

https://www.law.cornell.edu/wex/reasonable_doubt

https://www.ncleg.net/EnactedLegislation/Statutes/HTML/BySection/Chapter_90/GS_90-96.html

 

See Our Related Video from our YouTube channel:

Arnold & Smith, PLLC – YouTube

 

See Our Related Blog Posts:

Can I Get DWI Charges Dismissed?

 

Criminal Diversion Programs