How to Get a Criminal Case Dismissed in California
When the state stops pursuing prosecution and the defendant is found not guilty, that is known as dismissing a criminal case. For any individual facing criminal charges in California, getting their case dismissed can be a critical step to avoid a conviction or record that would undoubtedly create long-term adverse impacts on their life.
Working with highly skilled, knowledgeable, and experienced criminal defense attorneys in California is one of the most effective ways to increase chances for a dismissal against charges brought by the prosecutor’s office.
By leveraging a legal team’s expertise, building a strong defense, and presenting compelling evidence, an ideal outcome is possible: charges against the defendant may be dropped before the case ever reaches trial, or the defendant may receive an outright dismissal by the court.
Grounds for Dismissal
In what scenarios are there grounds for dismissal? There are several that illustrate how to get a criminal case dismissed in California.
In some instances, dismissal is at the prosecutor’s discretion, such as when the evidence is insufficient or key witnesses are no longer available. Prosecutors must use their discretion judiciously since they have the power to charge a person with a crime if there is probable cause or decline to charge a person or dismiss their case before trial. Not everyone should be forced to plead guilty or take their case to trial. A savvy criminal defense attorney can identify opportunities to negotiate with the prosecutor for pre-trial dismissal.
In other cases, when the prosecutor rejects a valid dismissal argument, the defendant’s lawyer may file a motion asking a judge to throw the case out, and a judicial dismissal might occur. In limited situations, a judge has the power to dismiss a case and will do so if the court finds procedural errors or violations of the rights of the accused.
A defendant can also file a motion to suppress evidence before trial, which can lead to dismissal; their lawyer can argue that the case shouldn’t have been prosecuted, for instance, if crucial evidence was obtained unlawfully and the prosecutor has little or no evidence left to use at trial.
These are just a few examples of how different factors — from police conduct to prosecutorial review — can result in charges being dropped against an individual should their legal representation wins these types of motions.
Additionally, in California, completing a pre-trial diversion program is another way to earn a dismissal of charges. This compassionate alternative minimizes the possible harm a criminal record can cause, especially for people with no previous criminal history or only minor charges, since a guilty plea/verdict otherwise stays on their permanent record.
Without having to admit that they committed a crime, a defendant is required to complete the components of the diversion program the court assigns and must remain out of legal trouble to earn a dismissal of their charges.
The other mechanism courts use to help people is deferred entry of judgment. In order to get this, the accused must plead guilty or no contest and waive their rights to a jury trial. Then the judge will put them on probation and order them to complete a program. Upon successful completion of the program, the court will not formally enter the guilty finding on their record and will instead dismiss their case.
How We Can Help
If you want to get your case dismissed or reach a favorable resolution, hiring an experienced and well-respected criminal defense attorney is essential. A lawyer specializing in criminal law can help you evaluate all of the options in court, such as a pretrial diversion program or deferred entry of judgement, both of which may allow you to avoid a formal conviction.
These programs often require meeting specific conditions, like attending counseling or community service, but can spare you from the severe consequences of a criminal record. It is important to remember how a criminal record can affect your future, from limiting employment prospects to affecting housing applications. By working with experienced legal counsel, you can explore all available strategies to protect your rights, your record, and your long-term opportunities.
