Serving Indiana Since 1994

When can criminal charges be dismissed?

On Behalf of | May 8, 2024 | Criminal Defense

Are you facing criminal charges from the State of Indiana? You are likely looking for any way to get a positive outcome in your case.

The resolution does not necessarily have to involve proceeding through the trial and getting a verdict. You may be able to get the prosecution to drop the charges completely and spare yourself many painful consequences.

Ways to get charges dropped

Several strategies may lead to the dismissal of criminal charges:

  • Insufficient evidence: The prosecution may drop the the charges if it lacks enough evidence to prove fault beyond a reasonable doubt
  • Procedural errors: Mistakes that the police made during the arrest or investigation can result in the dismissal of charges
  • Violation of constitutional rights: If the police or prosecution violate your rights during the criminal process, it might lead to dismissed charges
  • Diversion programs: Prosecutors may be willing to drop charges if you participate in specific programs for rehabilitation
  • Plea negotiations: Sometimes, agreeing to certain conditions can lead to the state dismissing some or all charges

The particular method or combination of methods you would want to use depends on the specifics of your case.

Benefits of getting charges dismissed

Dismissed charges can help you preserve your reputation. You may be able to avoid the public and social stigma that comes with such accusations. That stigma could harm personal and professional relationships.

When you can get the court to drop charges early or avoid a trial altogether, you can sidestep significant costs that result from fines and court fees. The dismissal of charges also plays a role in reducing the mental and emotional toll of a trial on you and your loved ones.

The parties that can drop charges

You should understand that the prosecutor, not the complainant, has the authority to drop charges. This is because the state is the plaintiff in criminal cases. Even if the complainant wishes to withdraw their complaint, the prosecutor has the discretion to continue with the case.

Getting charges dropped requires a thorough understanding of the criminal process and the specifics of the case at hand. Through diligent preparation and strategic execution, you may be able to get the charges against you dismissed. This can help you avoid many severe consequences.