How Do I Get My Criminal Charges Dismissed in New York City?

How Do I Get My Criminal Charges Dismissed in New York City?

Dealing with a criminal charge in New York City can be an overwhelming and scary experience. You likely have a lot of questions about your case, your rights, and what steps you need to take to resolve the situation. The good news is that many criminal cases actually do get dismissed in NYC if you have the right defense strategy.

Working with a NYC Criminal Defense Lawyer

The first and most important step is to retain an experienced NYC criminal defense lawyer to represent you. An attorney who regularly practices in NYC courts will know all the ins and outs of the system and the best defenses to mount for your specific charges. They will also know the judges, prosecutors and court staff and have insight into how to effectively negotiate with them.

Some key reasons why having a lawyer is so critical:

• They can review the details of your case and identify any legal or procedural issues that could get the charges dismissed before trial. This could include things like lack of probable cause for the arrest, improper police procedures, unavailable witnesses, etc.
• They can negotiate with prosecutors for reduced charges or an outright dismissal. Prosecutors know that strong legal defenses often lead to acquittals at trial, so they are sometimes willing to drop cases when challenged.
• If negotiating does not work, they can file motions to suppress evidence or statements and get damaging evidence thrown out of court. This can drastically weaken the prosecution’s case against you.
• They understand NYC judges and their tendencies when it comes to sentencing and dismissals. An experienced NYC lawyer will craft legal arguments specifically to persuade certain judges.
• They can identify weaknesses in the prosecution’s case and attack them through cross examination of witnesses during hearings and trial. Skillfull questioning can unravel even the most serious criminal allegations.

So in summary – skilled legal representation is absolutely vital for getting charges dropped. Public defenders do their best, but they are overburdened with heavy caseloads. A dedicated defense lawyer focusing solely on your case is best positioned to get you a dismissal.

Common Ways Charges Get Dismissed Pre-Trial

There are a number of common legal justifications prosecutors will cite when agreeing to dismiss a criminal case. Some common examples in NYC include:

Lack of Evidence

• The prosecution’s case hinges on evidence that was later found to be unreliable, inadmissible in court, or insufficient to prove guilt beyond a reasonable doubt. This is probably the #1 reason for dismissals.
• Police violate your rights or proper procedures when obtaining critical evidence against you, rendering that evidence inadmissible in court. Examples include unlawful searches, failure to Mirandize, coercion of statements, etc.
• Witnesses expected to testify against you become unavailable or change their testimony. Prosecutors need strong witness testimony to get a conviction at trial.
• Surveillance video or other corroborating evidence expected to be used against you gets discredited or excluded from trial.

Legal Technicalities

• Critical legal deadlines are missed or paperwork not properly filed by the prosecution. NYC courts are sticklers for proper legal procedure.
• You were denied a speedy trial. Defendants have a right to a trial within certain deadlines and failure to meet them can result in dismissals.
• There are issues with the grand jury process or indictment documents. Sometimes dismissals are simply because the case was not initiated properly.
• You were not properly Mirandized or provided access to an attorney when you were arrested. Violations of your legal rights often invalidate arrests.

Case Weaknesses

• The prosecution overcharges the case in the original complaint. They charge you with crimes higher than what evidence supports. Your lawyer negotiates down to dismissals of the most serious charges.
• You have an affirmative defense like self-defense, insanity, entrapment etc. These are justified legal excuses for engaging in illegal behavior that often lead to dismissals.
• The prosecution cannot prove that you are the person who actually committed the crime. Eyewitness misidentification is common.
• You have an alibi the prosecution cannot disprove or exonerating evidence like DNA/fingerprints. So clearly you did not commit the crime.

When do Dismissals Typically Happen?

There are a number of key points where your lawyer would typically negotiate with the prosecution to get charges dropped:

Pre-Arraignment

The early stages of a case offer the first opportunities to avoid criminal prosecution entirely. Shortly after arrest, your lawyer can speak with prosecutors to argue the case should not be charged at all. If this fails, they can at least advocate for reduced charges at arraignment.

Pre-Indictment

After arraignment but before the grand jury votes on indictments is another chance to present arguments and evidence to the prosecution and push for case dismissal.

Pre-Trial Conferences

Various meetings and conferences are held in the weeks before trial where both sides assess their case strengths and weaknesses. More facts helpful to the defense often come to light during this fact-finding period. If the situation looks grim for the prosecution, they will sometimes offer attractive plea deals or total dismissals pre-trial to avoid likely acquittals.

During Motions Phase

Your lawyer has opportunities to file legal motions attacking various aspects of the prosecution’s case and requesting evidence gets thrown out. If key evidence gets excluded, the prosecution’s case may fall apart to the point where dropping the case makes sense for them.

So in summary, there are ongoing opportunities to get charges dismissed both before and during the legal process. An experienced criminal defense lawyer will pursue all of them aggressively.

What Can I Do to Help My Lawyer Get My Case Dismissed?

While dismissal negotiations are primarily between your lawyer and the prosecution, there are some things you can do to help:

• Be completely open and honest with your lawyer so they can fully understand the facts of your case. Don’t hold anything back – they need to know the good and bad.
• Compile and provide your lawyer documentation that helps prove your innocence: receipts/records of where you were, character references, proof of alibis etc. Your lawyer can use these to argue dismissal.
• Help identify weaknesses in the prosecution’s case. If you know a witness statement is false or evidence is flawed in some way, speak up.
• Follow your lawyer’s advice to the letter from day one. If they recommend you begin counseling or take other preemptive steps to show you are proactively addressing issues, do it. It demonstrates to prosecutors you are committed to positive life changes.
• Accept plea deals or pretrial diversion programs if offered. Sometimes even if you are innocent, these resolutions come with guaranteed dismissals after completion and avoid the risk of trial.
• Be patient and let your lawyer work their magic. They know what evidence prosecutors need to see and what arguments work for particular judges. Trust their expertise and experience.

Stay engaged with your lawyer, take an active role in your defense, and understand it takes strategic positioning and time to get charges dropped. But it is very possible in many cases with the right legal representation.

What If I Can’t Afford an Attorney?

Top criminal defense lawyers can be expensive to hire, with fees often in the thousands of dollars. However there are options for those unable to afford private counsel:

• Apply for a public defender – NYC public defenders provide free legal services to people facing criminal charges who cannot afford a lawyer. While their caseloads are high, some are very skilled at getting charges dismissed.
• Hire an attorney on payment plans – Many defense lawyers are willing to set up monthly payment plans or even delay payment entirely until your case is resolved. Ask during initial consultations about flexible payment options.
• Borrow money from friends/family – Getting criminal charges dropped is critical for your future. Ask close friends and family members if they can lend you money even if just for the initial retainer.
• Use legal aid organization referrals – Various legal aid organizations like the Bronx Defenders and New York County Defender Services work with defense lawyers willing to reduce fees for low income clients.
• Plead not guilty at arraignment – If you cannot afford bail or a lawyer, plead “not guilty” at your arraignment to buy more time to save up money and get an attorney.

Do not give up hope if you have limited financial means. Explore all options – getting experienced legal counsel is key to dismissing NYC criminal allegations.

Questions to Ask a Potential Defense Lawyer

To find the best attorney for your situation, meet with several NYC lawyers to discuss your case specifics. Below are some good questions to ask initially:

• How much experience do you have getting criminal cases dismissed specifically in NYC courts? Ask for examples of recent, similar cases they got dropped.
• What are some of the best defenses you see for my particular charges and circumstances? Gauge if they already have dismissal strategies in mind.
• What communication can I expect if I hire you? Will you return my calls/texts quickly and keep me updated on progress?
• What are all my options right now – long shot defenses, plea deals, pretrial diversion programs? Get their full assessment.
• What are your upfront retainer fees, billing rates, and potential total costs? Get fee details in writing.
• If I cannot afford your full fees, can we set up affordable monthly payment plans? See if they work with low income clients.

Pay attention not just to what they say but how they say it. The lawyers most confident in getting dismissals will not hesitate to back up their claims with past examples and have a clear vision for defending you.

Trust your gut instincts – you want an attorney who makes you feel hopeful after discussing all the dismissal possibilities. If a lawyer seems pessimistic or pushes plea deals too hard, they may not aggressively pursue getting your charges dropped.

Final Thoughts

Dealing with criminal charges in New York City can feel isolating and overwhelming. But with an experienced NYC defense lawyer in your corner fighting for dismissal, there are many ways to beat these allegations. From legal technicalities to constitutional violations to attacking evidentiary weaknesses, skilled NYC attorneys get charges dropped pre-trial every single day.

Do not lose hope and do not just plead guilty to avoid short term pain. The consequences of a conviction will follow you for life. Every single legal option must be pursued first before admitting defeat – and an aggressive criminal defense lawyer will pursue every option relentlessly. They can be the difference between freedom and devastating long-term impacts on your future.

So get a highly rated NYC defense attorney on your side, take an active role in your defense, and stay confident that the truth will prevail. There are plenty of ways for criminal cases to get dismissed prior to trial – you just need the right lawyer to fight to make it happen.

Resources

• • Tips on Getting Criminal Charges Dismissed (YouTube Video)
  • How Lawyers Get Criminal Charges Dismissed (Article)