Is there any chance my federal charges could be dismissed before trial?

| by Max Soni

Last Updated on: 18th November 2023, 01:48 pm

Getting federal criminal charges dismissed before trial definitely happens, but it’s pretty rare. Most defense attorneys don’t put in the work needed to get charges tossed pre-trial. They just rely on the evidence the prosecution hands over, instead of really digging into the case themselves. But with the right approach, it is possible to get charges dropped early on.

How Criminal Cases Typically Go

After you get indicted on federal charges, the government has to give your lawyer any statements you made, documents they plan to use, your criminal record, photos, and examination reports. But they don’t have to share prior statements from their witnesses until the actual trial.Many lawyers just use what the prosecution hands over to start preparing a defense. But to really go on the attack from the beginning, you need to dig deeper yourself. You can’t just rely on what the government decides to show you.Your attorney should serve a ton of subpoenas to uncover impeachment material the prosecution hasn’t shared. We’re talking sometimes hundreds of subpoenas, trying to figure out what the key witnesses are up to. Especially anything showing they aren’t exactly law-abiding citizens themselves.

Using Witness Investigations to Your Advantage

Thoroughly investigating prosecution witnesses can completely shred their credibility. I’ve seen media reports on cross-examinations where our digging exposed the government’s star witness as a total fraud.But you don’t actually want to go to trial if you can avoid it. Trials are incredibly expensive and stressful. Instead, you want to use witness investigations to convince the prosecution their case won’t hold up.In one federal case in Brooklyn, we got RICO, securities fraud, and money laundering charges dropped after showing the main witness had lied and committed fraud during his cooperation. In another federal case in Manhattan, RICO, securities fraud, and mail fraud charges vanished two days before trial, after our investigation revealed the two lead witnesses were still actively committing fraud.Sometimes just showing the prosecution a glimpse of the skeletons in their witnesses’ closets is enough to get charges dismissed or plea deals with little to no prison time.

When Dismissal Is Possible

The bottom line is if you can uncover enough dirt on the prosecution’s main witnesses to ruin their credibility, you have a shot at getting charges tossed before trial. Some of the main ways charges get dismissed pre-trial include:

• Destroying Witness Credibility – If you can show their main witnesses are liars, fraudsters, or have strong incentives to make up stories, prosecutors may drop charges rather than risk an embarrassing loss at trial.
• Proving No Crime Occurred – In some cases, a thorough investigation can reveal there was no criminal activity in the first place. If your lawyer can convince the prosecution of that, they may dismiss the charges.
• Violations of Process – Sometimes charges get tossed due to issues like violation of the statute of limitations, failure to present exculpatory evidence, or other procedural problems.
• Selective or Vindictive Prosecution – Courts can dismiss charges if you can show you were singled out for prosecution based on race, religion, or other improper factors.
• Double Jeopardy – The Constitution protects against being tried twice for the same crime. If charges were previously dismissed, arguing they violate double jeopardy may work.
• Free Speech Protections – For crimes involving speech, arguing your actions were protected free speech could potentially lead to dismissal.
• Immunity – The president has argued he’s immune from prosecution for official acts taken while in office. If that untested argument succeeds, it could mean dismissal.
• Weak Evidence – In rare cases, prosecutors may drop charges if they realize their evidence is simply too weak to win at trial.

It’s an Uphill Battle

While it’s possible to get federal charges dismissed pre-trial, it’s certainly not easy. Prosecutors dismiss cases voluntarily in only a tiny fraction of federal prosecutions.You need an experienced federal criminal defense lawyer willing to leave no stone unturned in investigating the charges and the key witnesses. That takes time and resources many attorneys don’t invest.Even then, convincing prosecutors to drop air-tight charges before trial is a tough sell. But with strong evidence of witness credibility issues or misconduct, it can occasionally be done.The bottom line is you have the best chance at dismissal if your lawyer can uncover devastating information the prosecution doesn’t want aired in open court. That’s leverage you can use to try negotiating dismissal in the right case.While rare, pre-trial dismissals do happen more often when you have a top-notch federal defense lawyer who thoroughly probes every angle of the case. That’s the kind of relentless advocacy you need on your side to have any shot at getting federal charges dropped early.