Posted by Gurjit Srai In Criminal Charges August 12, 2016 0 Comment

You “allegedly” did something “wrong” and you are now facing criminal charges. However, it is important to remember that not all arrests lead to an indictment. Your criminal charges can be dropped for a variety of different reasons.

This article discusses who can drop the charges and the reasons why a criminal charge can be dropped. However, for better and more in-depth advice if you are facing a criminal charge, it is best to seek the legal advice of an experienced Stockton criminal defense attorney.

Who Can Drop a Criminal Charge?

There are different reasons why a criminal charge may be dropped. However, before you can clearly understand and get a better grasp for these different reasons, it is best to first discuss who can and cannot drop criminal charges.

A victim can file a complaint and agree to testify against the individual being accused of a crime. However, it is important to realize that it is the government (more specifically, the office of the district attorney, attorney general, or any other local authority where the crime happened) that is actually bringing the charges against the accused.

As such, the victim does not the have the ability to formally drop the charges. Rather, the victim has the option of deciding not to participate in the criminal case and request the government authority to drop the charges. Again, just because the victim requested the criminal charges to be dropped, it does not mean the prosecutor will actually agree and drop the charges.

Reasons a Victim Requests Criminal Charges To Be Dropped

Victims generally have a variety of different reasons for requesting the prosecutor to drop criminal charges, including:

  • Being afraid of the accused
  • Loving the person accused and wanting to preserve their relationship – this often occurs in domestic violence cases
  • Deciding they identified the wrong person of the crime

Reasons a Victim Requests Criminal Charges To Be Dropped

Prosecutors have their own reasons for dropping criminal charges, such as:

  • The case was built around a victim who has decided to no longer participate in the case
  • There are credible witnesses who dispute the current witnesses’ stories
  • There is enough defense evidence to sway the jury in their favor
  • There is no strong physical evidence
  • Newly obtained evidence, such as DNA, exonerates the accused

For these reasons, it is very important that you immediately seek the legal experience of an experienced and aggressive criminal defense lawyer to increase the chances of having the charges against your dropped.

Call an Experienced San Joaquin County Criminal Defense Attorney

If you or someone that you care about has been arrested of a crime, it is imperative that you immediately hire an experienced criminal defense attorney to help protect your legal rights and ensure that you have the best defense possible to avoid a criminal conviction.

For more information or to schedule a complimentary consultation with Stockton criminal defense attorney Gurjit Srai, please call us at (209) 323-5558 or (559) 449-1447, or complete our online form.