How Can a Good NYC Criminal Attorney Get Charges Dropped?

How Can a Good NYC Criminal Attorney Get Charges Dropped?

Getting arrested is scary. Even if you’re innocent, facing criminal charges is overwhelming. The good news? An experienced NYC criminal defense lawyer can often get charges reduced or even dismissed.

Let’s look at how top attorneys get charges dropped in New York City.

They Investigate Weaknesses in the Prosecution’s Case

Skilled NYC defense attorneys dig deep into the prosecution’s evidence. They look for holes that create reasonable doubt. Some examples:

• Eyewitness misidentification
• Unreliable or tainted forensic evidence
• Missing evidence that should be present
• Inconsistent testimony from prosecution witnesses

When a defense lawyer uncovers major issues with the prosecution’s case, they can file motions to suppress evidence or statements obtained illegally. This prevents the jury from hearing prejudicial information that could lead to a conviction. Weakening the DA’s case often leads to dismissed charges.

They Negotiate with the Prosecution

Experienced criminal attorneys have working relationships with prosecutors. They leverage these connections to negotiate reduced charges or dismissals through plea bargains. Defense lawyers highlight problems with the DA’s case while presenting mitigating circumstances about the defendant.

For example, if improper police procedures were used to obtain key evidence, an attorney might get the DA to drop charges in exchange for a guilty plea on a lesser offense. This avoids the risk of losing at trial.

They Raise Affirmative Defenses

Beyond attacking the prosecution’s evidence, defense lawyers also raise affirmative defenses. These don’t dispute the allegations, but give legal reasons why someone shouldn’t be convicted. Common affirmative defenses leading to dismissals include:

• Self-Defense: Use of force was legally justified to protect oneself from harm.
• Entrapment: The defendant was improperly induced by police into committing the crime.
• Insanity: The defendant couldn’t understand right from wrong when the crime occurred.

When an attorney demonstrates an affirmative defense, the judge may dismiss the charges rather than leaving the issue up to a jury at trial.

They Use Diversion Programs

For minor offenses committed by first-time offenders, defense attorneys may advocate for pretrial diversion programs. These involve completing rehabilitation, community service, or paying restitution in exchange for dismissed charges. Common NYC diversion programs include:

• Project Reset – for low-level drug offenses
• Project Forward – for shoplifting
• Manhattan Justice Opportunities – for trespassing and other minor crimes

Completing one of these programs shows a commitment to rehabilitation and often persuades judges to dismiss charges.

They File Speedy Trial Motions

The 6th Amendment guarantees the right to a speedy trial. When prosecutors delay cases for too long, defense lawyers file speedy trial motions. Judges may dismiss charges if the delay violates the defendant’s constitutional rights.

Delays sometimes happen due to backlogged courts. But other times, prosecutors purposely stall to pressure defendants into plea deals. Good defense attorneys fight back against these unethical tactics.

They Challenge the Constitutionality of Laws

In some cases, charges result from laws that are unconstitutional. When a law used to charge someone violates due process or other rights, attorneys file motions to dismiss based on the law’s unconstitutionality.

For example, attorneys challenged New York’s gravity knife ban as void for vagueness. Judges dismissed charges in thousands of cases before the law was finally repealed.

They Capitalize on Technicalities

Even minor technical errors in legal procedures can get charges thrown out. Common technicalities that NYC defense lawyers leverage include:

• Missing signatures on court documents
• Clerical errors on police reports or complaint forms
• Failure to read Miranda rights properly
• Missed deadlines by prosecutors

While technicalities may seem trivial, they represent sloppy police work or violations of the defendant’s rights. Good defense attorneys pounce on these mistakes to get charges dismissed before trial.

They Educate Judges on Collateral Consequences

Many judges dismiss or reduce charges once they understand the collateral consequences of certain convictions. Defense lawyers educate judges on how a conviction could impact the defendant’s:

• Employment
• Housing
• Immigration status
• Professional licensing
• Access to public services

This knowledge motivates many judges to give defendants a second chance by dismissing minor charges.

They Craft Creative Solutions

The best NYC defense attorneys think outside the box. They dig for solutions that make both prosecutors and judges comfortable dismissing charges. Possibilities include:

• Community service
• Participating in a public awareness campaign
• Attending counseling or treatment programs
• Paying restitution to victims
• Agreeing to stay out of a specific neighborhood

By addressing underlying issues and preventing future misconduct, creative resolutions give judges confidence in exercising their discretion to dismiss charges.

The Earlier the Better

The odds of getting charges dropped decline once cases reach later stages. The best chance is early in the process before positions harden. So don’t delay in hiring an experienced criminal defense attorney if you face charges in NYC.

An adept NYC lawyer knows how to attack the prosecution’s case, negotiate with the DA, and educate judges. This leads to dismissed or reduced charges in many cases, letting clients avoid the life-changing consequences of a conviction.

Every case is different, but skilled NYC defense attorneys utilize a wide array of strategies to get charges dropped. Don’t take chances with your future. Hire a knowledgeable lawyer as early as possible.

References

What Kinds of Things Could Make a Prosecutor’s Case Weak?

Common Criminal Defenses

What Are the Collateral Consequences of a Criminal Conviction?

Thousands of Criminal Cases in New York Relied on Disputed DNA Testing Techniques