Criminal Defense Lawyers

How to Get the Charges Dropped: Strategies Criminal Lawyers Use in NYC

How to Get Criminal Charges Dropped: Strategies New York Criminal Defense Lawyers Use

Dealing with a criminal charge in New York City can be an incredibly stressful and scary experience. The stakes are high, and the legal system complex. You may feel anxious about what will happen next and desperate to get the charges dropped.The good news is that experienced NYC criminal defense lawyers have numerous strategies they can use to get charges dismissed or reduced, or even avoid charges altogether. This article outlines the most effective ways top attorneys are able to get criminal cases thrown out in New York City courts.

Meet with Your Lawyer Immediately

The first step is to meet with your criminal defense lawyer right away after being arrested or charged. The days and hours after an arrest are critical, because that’s when your attorney can take actions to protect your rights and start working on getting charges dropped or reduced.Your lawyer may be able to get charges dropped right away if there were any problems with your arrest or with how the case was handled. For example, if your Miranda rights were violated or evidence was obtained illegally, a lawyer can file a motion to suppress and get evidence thrown out. This can sometimes get the entire case dismissed.

Negotiate with the Prosecutor

Experienced New York criminal attorneys have working relationships with prosecutors and can negotiate with them to get charges reduced or dropped. Often, a lawyer can make an argument about problems with the prosecutor’s case or present mitigating circumstances that show why the charges are excessive or unwarranted.In many cases, prosecutors will agree to drop or lower charges rather than go to trial over a weak case. An attorney may also be able to get a favorable plea bargain that avoids more serious convictions.

Identify Illegal Police Conduct

If the police violated your rights or did anything improper during your arrest, your lawyer can challenge the legal validity of the officers’ conduct.For example, common illegal police activities that can result in dropped charges include:

• Warrantless searches without probable cause
• Coercing a confession
• Lying about having a search warrant
• Making a false arrest
• Profiling based on race, religion, etc.

Anything found by the police through illegal means can be suppressed and prevent prosecutors from using it against you. This may result in dropped or reduced charges.

Present Mitigating Circumstances

There are often extenuating reasons why someone may have broken the law. Your lawyer’s job is to identify and skillfully present any mitigating factors that show why the charges are unjustified or should at least be reduced.For example:

• You acted in self-defense against violence
• You have substance abuse issues and need treatment, not jail
• You have mental health conditions that require therapy, not punishment
• You made an honest mistake
• You had no criminal intent or malice

If your attorney can show the context behind your alleged criminal behavior and argue why the charges are unwarranted, there is a good chance of getting charges lowered or dismissed.

Challenge Weak Prosecution Evidence

Prosecutors often have a weak case without enough solid evidence to prove guilt beyond a reasonable doubt. An experienced criminal lawyer knows how to analyze the prosecution’s case and challenge questionable or contradictory testimony and evidence.By exposing flaws and inconsistencies in the prosecutor’s version of events, your attorney can raise enough doubt to either get charges dropped or secure a “not guilty” verdict at trial. Even if the case does go to trial, your lawyer may be able to get certain charges thrown out so you face less serious convictions.

Work Out Alternative Resolutions

In cases involving non-violent crimes or first-time offenders, lawyers can sometimes negotiate alternative agreements that avoid formal convictions. These resolutions – such as participating in counseling programs, doing community service, paying restitution, etc. – allow you to resolve the case without pleading guilty.If you successfully complete the terms of such an agreement, the charges are dismissed. Alternative resolutions avoid the consequences of pleading guilty while still accountability that satisfies prosecutors and judges.

Resources

For more information on fighting criminal charges in New York City courts, check out the following resources:How to Get Criminal Charges Dismissed in New York (Video overview)What You Should Know to Beat Criminal Charges (Podcast)Getting an NYC Case Dismissed (NYC Bar Association)Motions to Suppress Evidence in New York (NY Criminal Lawyer Blog)