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How can I get the charges against me dropped or reduced?
|Last Updated on: 18th November 2023, 01:56 pm
Getting arrested and charged with a crime can be scary. Even if you’re innocent, dealing with the legal system is confusing and stressful. The good news is there are things you can do to get the charges against you dropped or reduced. I’ll walk you through some of the most common and effective options.
Work With a Lawyer
The very first thing you should do is get a criminal defense lawyer. Seriously, this is crucial. I know lawyers are expensive, but not having one is way riskier. A good lawyer knows how to negotiate with prosecutors and challenge flaws in the case against you. They can advise you on the law and legal strategy. Most importantly, they can communicate and negotiate on your behalf.When meeting with lawyers, find someone experienced with your type of criminal charge. Ask about their track record getting charges dismissed or reduced. Don’t just go with the cheapest option – go with someone who really knows their stuff.
Poke Holes in the Prosecutor’s Case
After you’ve got a lawyer, you’ll want to start picking apart the prosecutor’s case. Their whole goal is to prove “beyond a reasonable doubt” that you committed the crime. If you can show the evidence is flawed or inconclusive, it undermines the prosecutor’s case.Your lawyer can file motions asking the court to throw out evidence that was obtained illegally. For example, if the police searched your home without a warrant, that evidence could get tossed. If the prosecutor is relying on a shaky witness or inconclusive DNA evidence, your lawyer can emphasize reasonable doubt.The more you can weaken the prosecutor’s case, the more leverage you have to get charges dismissed or reduced.
Negotiate a Plea Deal
Over 90% of criminal cases end with a plea deal rather than going to trial. The prosecutor may offer to reduce the charges against you or recommend a lighter sentence in exchange for a guilty plea.This can be a good option if the evidence is stacked against you. Talk with your lawyer about the pros and cons of any plea offer. Make sure you understand what rights you’re giving up and what the consequences will be. Get clarity on the impact to your criminal record. Then decide if it’s better to take the deal or fight the charges at trial.
Show How Charges Are Excessive
Another approach is demonstrating how the charges against you are exaggerated or excessive given the circumstances.For example, if you’re charged with felony drug possession for having a tiny amount of marijuana, your lawyer can argue that’s an overreach. Or if you’re charged with assault for lightly shoving someone during an argument, that may be disproportionate.By showing how the charges are unfair or excessive compared to what actually happened, you may convince the prosecutor to reduce or drop them.
Present Mitigating Circumstances
Mitigating circumstances are facts about you or the incident that, while not excusing the crime, help explain why it occurred. Bringing these to light can persuade the prosecutor to reduce or dismiss charges.For example, if you were struggling with untreated mental illness or going through an exceptionally difficult life event when the crime happened, highlighting those circumstances can help. Or if the victim was partly at fault or you played a minor role in the crime, those factors may lead to leniency.The goal is to show you’re not solely to blame and deserve a second chance. Your lawyer can make the case for mitigation during plea negotiations.
Complete a Diversion Program
For some minor crimes like drug possession, shoplifting, or disorderly conduct, prosecutors may offer diversion deals. This means if you complete a rehab program, community service, or other conditions, the charges will get dismissed.Diversion is a good option for first-time offenders to avoid having a permanent criminal record. Make sure you can realistically complete whatever the prosecutor requires so you get those charges off your record for good.
Request a Preliminary Hearing
After you’re charged, you have a right to a preliminary hearing before the case can proceed to trial. This is a chance for your lawyer to argue there’s insufficient evidence to support the charges against you.If the judge agrees the prosecutor’s case is weak, the charges will get dismissed right then and there. Even if not, the preliminary hearing gives your lawyer insight into the prosecutor’s case and witness testimony.
Cut a Deal to Testify Against Others
Prosecutors are sometimes willing to dismiss charges against you if you provide testimony or information to build cases against other people involved in the crime.If you played a minor role and are willing to cooperate, offering to testify against more major players could get your charges reduced or dropped. Just make sure you understand what will be expected of you before agreeing to snitch.
Wait It Out
Sometimes just waiting and seeing is the best approach. The prosecutor has the burden to prove the case against you. If critical evidence or witnesses end up falling through, charges can get dismissed. Or the prosecutor may decide the case isn’t worth pursuing and drop charges on their own.Patience and letting things play out can work in your favor. Don’t be overly eager to plead guilty without first seeing how strong the prosecutor’s case looks as you get closer to trial.
Conclusion
Getting charged with a crime is scary, but it’s not necessarily the end of the world. An experienced criminal defense lawyer can help develop the best strategy for getting charges dismissed or reduced based on the specifics of your case.The most common options are negotiating a plea deal, undermining the prosecutor’s evidence, showing excessive charges, presenting mitigating circumstances, completing a diversion program, requesting a preliminary hearing, cooperating as a witness, or simply waiting for the case against you to unravel.With the right legal guidance and strategic approach, you have a good chance of resolving the case favorably. Don’t panic or lose hope. Take it step by step, keep an open mind, and focus on getting the best possible outcome. You can get through this!