How To Get Criminal Charges Dropped Before Your Court Date

As criminal defense lawyers, a lot of our clients who come to us facing criminal charges are understandably stressed and wanting to put it behind them as fast as possible. They want to know their options and how quickly they can get their case resolved, because, let’s face it, the longer your case is pending the higher the potential for damage to your reputation and career.

But unfortunately, getting charges dropped before your court date isn’t as simple as hiring a lawyer and making it happen. A lot depends on the specific circumstances and evidence in your case.

Only The Prosecution Can Drop Charges in a Criminal Case

While it may not seem like it at first, the prosecutor calling the shots against you actually holds the key to resolving your case before trial. That’s because prosecutors have the discretion to drop charges if they decide the case isn’t strong enough to pursue for conviction.

Some common reasons a prosecutor may choose to dismiss charges include:

• Insufficient Evidence – If the evidence against you is lacking or has been compromised, continuing with charges gets harder to justify.
• Legal Technicalities – Violations of procedures like improper searches, questioning tactics, or mishandling of evidence can derail a case.
• Witness Issues – Cases depending heavily on witness testimony can crumble if those witnesses lack credibility or become uncooperative.

We had one case where a convenience store clerk’s shaky eyewitness ID wasn’t enough for prosecutors once our investigation raised doubts.

How to Get a Prosecutor to Drop Charges

Of course, prosecutors don’t just wake up and decide to drop charges out of the blue. Getting them to that point requires a savvy, multi-pronged defense strategy.

Here are some of the main tactics we can use:

1. We will challenge the evidence against you. Whether it’s questioning the credibility of witnesses, mishandled evidence, or highlighting civil rights violations – creating reasonable doubt is key.
2. We also look for opportunities to raise an “affirmative defense” like self-defense or entrapment. Basically, finding legal justifications that even if the alleged action occurred, it was legally permitted.
3. Another angle is negotiating with prosecutors directly. We make them question whether pursuing shaky charges against you is even worth the hassle and resources for their office. Pre-trial motions to dismiss on technicalities also apply pressure.

Ultimately, the more we can undermine their case, the more incentivized they become to cut bait and drop the charges pretrial.

How Pre-Prosecution Diversion Programs May Help You Avoid Charges

For certain misdemeanor cases, prosecutors may allow those eligible to enter into a pre-prosecution diversion program. This is a chance to have the charges dismissed entirely by completing rehabilitative measures like classes, counseling, community service or restitution payments. The big advantage is you avoid having to enter any plea – the slate gets wiped clean as long as you fulfill the program requirements.

To qualify for diversion in Nevada, you generally can’t have prior convictions and the alleged offense can’t involve violence, DUI or a domestic situation. Typical diversion programs we’ve seen include anger management, alcohol/drug rehab, educational courses and more. As long as all terms are met, the charges get dropped and you avoid a criminal record entirely.

What Happens When Charges Are Dismissed

The obvious upside of getting your charges dropped is avoiding a criminal conviction – a life-altering event that comes with hefty fines and potential jail time. But the ripple effects of a dismissal go further:

• No criminal record to hinder future employment, housing, or travel opportunities
• Saving legal costs and time of preparing for and undergoing a lengthy trial
• Preserving your reputation in your community, personal life, and online presence

Even charges that may seem “no big deal” at first can linger as stains on your record for decades. That’s why dismissal is always our goal from the start if possible.

When Dropping Charges May Not Be an Option

As much as we wish it were always feasible, the reality is some cases have too much stacked against the accused to realistically get charges dropped pretrial. This might include:

• Charges involving violent crimes, weapons offenses, or serious bodily harm
• Cases where prosecutors have substantial physical evidence or credible witness testimony
• Situations where the accused has a prior criminal record

In these circumstances, our strategy shifts to either negotiating a plea bargain for reduced charges/sentences or preparing to fight the charges at trial.

But even in an uphill battle, our comprehensive approach often uncovers opportunities to get certain charges dismissed while focusing our defense on the remaining counts.

Call On Our Nevada Criminal Defense Attorneys

The bottom line is this: facing criminal charges is an immense legal challenge with lasting impacts. Having the right criminal defense lawyer from the start is vital to protecting your rights, freedom, and future.

At Benjamin Durham Law Firm, we’ve spent years sharpening our pretrial tactics to pursue dismissals for charges big and small whenever possible. If that can’t be done, we’ll fight in court every step of the way.

So if you or a loved one have been charged with a crime, don’t wait – your first call should be to our office. Reach out now for a free, confidential case evaluation where we can review all the specifics and discuss crafting a personalized defense aimed at the most favorable outcome.

Facing prosecutors alone is an immense disadvantage. But with our team’s experience you’ll have a powerful ally working to protect what matters most. Don’t gamble with your rights or future – contact Benjamin Durham Law Firm today.