Having your criminal charges dismissed is among the best news you can receive if you are facing allegations in California. If your case is dismissed, this means the prosecution is no longer pursuing you for the charges. While receiving a not-guilty verdict is a positive outcome, case dismissal means you can avoid the stress of a trial altogether.

When you work with an experienced criminal defense attorney, they will know how to analyze your case and interpret the evidence to gauge whether or not dismissal may be an option. The Law Office of Daniel Deng has extensive experience working on cases against prosecutors in California, which has given us the skills and strategic knowledge to anticipate how a case will progress. However, if you want to know what to look for, there are certain signs that could indicate the prosecution will dismiss your charges.

Prosecutorial Discretion in Criminal Cases

The state has prosecutorial discretion, which means even if you did commit the crime you are charged with, it is up to the state to decide to pursue those charges. A case may be dismissed based on prosecutorial discretion for a variety of reasons, including:

  • Not enough resources to prosecute
  • Difficulty obtaining evidence
  • No public interest in pursuing the case
  • Weak legal argument for prosecution
  • Pursuing charges may lead to an unjust outcome
  • Updates in policies or laws that change priorities

The state prosecutor has control over whether or not to pursue the charges against you. If they decide to dismiss your case, they will notify your attorney of their decision.

The Role of Plea Agreements

A plea agreement, sometimes referred to as a plea bargain, is an agreement between the prosecutor and the defendant to plead guilty to a lesser charge in order to avoid going to trial. This is not the same thing as a dismissal. However, agreeing to a plea bargain can lead to less severe penalties.

It is a relatively common plea agreement for a felony charge to be decreased to a misdemeanor offense. This is something you should consider carefully if the option is presented to you. A felony conviction is likely to impact your life for years or even forever, but weighing the pros and cons of a plea bargain is crucial to ensure your rights are protected and you’re doing what’s best for you.

Insufficient Evidence

The burden of proof rests with the prosecution in criminal cases, and they must prove beyond a reasonable doubt that you committed the crime you are charged with. If the prosecutor does not have sufficient evidence to prove your guilt, they may decide to dismiss the case rather than pursue the charges. During the discovery process, your defense lawyer may be able to determine if the prosecution lacks sufficient evidence.

How Witness Unavailability Can Impact a Case

Criminal cases often rely on eyewitness reports to strengthen their case for conviction. If a witness is not available to testify or does not agree to give testimony, the prosecution’s case may weaken, and they may dismiss the case. Because of the importance of eyewitness testimony in criminal cases, there are strict laws prohibiting tampering or intimidating witnesses.

Procedural Errors in Court

Procedural errors could also lead to dismissals. There are rules that the court and the prosecutor must abide by when handling a criminal case. Violating these rules could mean that you cannot receive a fair trial, and your lawyer can seek the dismissal of your charges.

Constitutional Rights Violations

If your constitutional rights have been violated during the arrest process or court proceedings, there is a chance that your charges could be dismissed. Constitutional rights violations are very serious, and if you suspect this has happened to you, you should notify your attorney immediately. Some examples include improper search and seizure, use of excessive force, denying medical treatment, and failing to provide Miranda warnings.

Diversion Programs as an Alternative to Criminal Convictions

For first-time offenders or people who commit minor offenses, diversion programs may be an option in lieu of jail time or prison sentences. Programs like rehabilitation centers and community service could lead to charges being dismissed.

Contact a Criminal Defense Attorney to Protect Your Rights

The Law Office of Daniel Deng provides experienced support and aggressive representation for clients facing criminal charges in California. We will work tirelessly to ensure that your rights are protected and that you have the best chance at a favorable outcome. When you’re ready to discuss your case with one of our skilled criminal defense attorneys, contact us to schedule a consultation.