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While being acquitted is an excellent outcome to a Los Angeles criminal case, getting your charges dropped or dismissed is even better.

When your charges are dropped there is no trial and no criminal record. While your life may still have some fallout from your initial arrest, the damage can be fully repaired.

That’s why we look closely at each case we receive to see if there is any chance of getting charges dismissed. Here’s what you need to know. 

Who can dismiss a criminal case in Los Angeles, CA?

Only the prosecutor or a judge can dismiss your case once you have been arrested and charged. This is one of the reasons why talking to police doesn’t help your case at all. Once they’ve arrested you, they actually don’t have the power to let you go anymore, and all you can do by talking to them is to make your case worse. 

Reasons for Case Dismissal

Cases may be dismissed for any of the following reasons.

• You’ve completed a pretrial diversion program.
• You’ve completed a deferred entry of judgment program.
• We’re able to suppress enough evidence to ensure prosecutors do not have a case, due to a violation of your rights.
• We are able to convince prosecutors that they do not have a sufficient case against you. 
• We are able to come up with exculpatory evidence.
• We’re able to show that your confession was coerced, if you gave one.
• We’re able to show that police failed to act in accordance with the law when they arrested you.
• You cooperate with prosecutors on another, bigger case. 
• You plead guilty to a misdemeanor to get felony charges dropped.

Does the case go away after dismissal?

Cases can be dismissed with prejudice or without prejudice. If they are dismissed with prejudice the case is dismissed permanently and cannot be reopened. If the charges are dismissed without prejudice the case may be reopened if the prosecutor obtains new evidence that you are guilty.

Keep in mind that getting one set of charges dismissed, even with prejudice, does not prevent you from being charged with a new crime in the future, even if it is the same type of crime. 

Even very serious charges may be dropped or dismissed. 

Yet this does not happen without the investigation and intervention of a dedicated, experienced private criminal defense attorney. Public defenders rarely get charges dropped or dismissed because they do not have the resources to investigate your case nor do they have the time to file the necessary pre-trial motions.

If you’re in trouble don’t wait. Get help from our team today.

See also:

What to Do If The Police Are At the Door Of Your Los Angeles Home

How to Exercise Your 5th Amendment Rights After a Los Angeles Arrest

How Does Bail Work in Los Angeles?