Dropping Charges in Criminal Cases
If you have been charged with a crime in Tucson, Arizona, you may be waiting for your trial. Some defendants choose to enter a plea deal and avoid trial. Another way to avoid trial is to get your criminal charges dropped.
You might be wondering who can drop your charges, and why does it happen? Dive into all the details below to learn more about getting charges dropped in a criminal case.
Who Can Drop Charges in Criminal Cases?
Some people may believe that there are multiple parties who can drop the charges against a defendant. For example, many people believe that the victim in an assault or domestic violence case can decide to drop the charges against the defendant. However, that is not exactly correct.
The only entity who can drop charges against a criminal defendant is the government – not the victim. Depending on the crime and location, that could include a local prosecutor, the district attorney, or even the Arizona Attorney General.
Victims do not have the authority to decide whether or not to drop charges against a defendant; however, they can influence the prosecuting attorney’s decision on whether to drop charges. A victim may request that charges be dropped, and they can refuse to participate in the trial or testify against the defendant.
Regardless of the wishes of the victim, it is ultimately the sole decision of the prosecuting attorney whether they decide to drop any criminal charges.
Why Would Criminal Charges Get Dropped?
Once the government has filed criminal charges, why would they decide to drop those charges later? There are a number of reasons why charges might get dropped.
Some common reasons why charges get dropped include:
- New evidence has been introduced that clears the defendant of any wrongdoing
- An important witness, such as the victim, has refused to testify against the defendant
- Evidence in the case is lacking, and the prosecution does not feel that a conviction is likely
- The defendant agrees to a plea bargain to lesser charges
- New witnesses have come forward whose testimony refutes other witnesses’ testimony
- The prosecution’s best evidence has been ruled inadmissible
- The victim has changed their story minimizing the prosecution’s case
The government typically decides to drop charges if it feels a conviction is unlikely. This is because they only get one shot to prosecute a defendant for a crime.
By dropping the charges, they give themselves more time to collect evidence and potentially obtain a conviction in the future. If they proceed to trial and fail to obtain a conviction, they cannot come back later and try the defendant again for the same crime.
What Should I Do If I Get Arrested?
Knowing your rights is a great first step to avoiding a conviction and possibly getting your charges dropped. If you get arrested, you should know what to do to protect your rights.
First, remember that you have a right to remain silent. Do not answer any questions that the police ask because your answers could be used against you later. Instead, tell them that you want an attorney present during any questioning that takes place.
If you find yourself in jail, remember that the phone lines are almost always recorded. Do not discuss anything over the phone that could be used against you. Likewise, do not discuss your charges or say anything incriminating to anyone else in jail. Your cellmate could offer to testify against you in exchange for a reduced sentence.
Finally, seek the help of an experienced criminal defense lawyer. If you cannot afford a lawyer, you have a right to have one appointed for you. Continue to reiterate the fact that you want a lawyer present with you during any interrogation. Your lawyer will work to protect your rights and might even be able to get your charges dropped.
How a Tucson Criminal Defense Lawyer Can Help
There are many things an experienced criminal defense lawyer can do to help you when you are facing criminal charges.
Some ways a lawyer can help are:
- Gathering evidence that supports your defense
- Interviewing witnesses who may be able to refute the prosecution’s claims
- Negotiating a plea bargain that gets you the best outcome
- Arguing over the validity of the evidence in the case
An experienced Tucson criminal defense attorney can help protect your rights and can work to get your charges dropped.
Contact an Experienced Tucson Criminal Defense Lawyer at Katsarelis Law Criminal Defense Attorneys Today For Help
For more information, contact the Tucson Criminal Defense attorneys at Katsarelis Law Criminal Defense Attorneys for a free consultation.
Katsarelis Law Criminal Defense Attorneys
177 N Church Ave # 900, Tucson, AZ 85701
(520) 510-0439