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The Difference Between Charges Dropped vs Dismissed
Robert Stahle • June 9, 2022
Getting charged with a crime can feel like a nightmare. Luckily for you, there may be a light at the end of the tunnel. If the charges against you or your loved one gets dropped or dismissed, there’s a possibility for you to get your life back to normal. However, it’s essential to know the difference between them as it can help you understand the law system better.
So, what is the difference between charges dropped vs dismissed? One crucial distinction between the two is that the dismissal of charges can only be done by a judge. In addition, there must be an official file against you in court for it to be eligible for dismissal.
On the other hand, cases can be dropped before or after a trial. In addition, only a prosecutor can drop a charge against the defendant.
Why Charges Can Be Dropped
There are multiple reasons why the prosecutor can drop charges, such as:
- The Defendant Negotiates A Deal – In cases wherein the defendant has connections to a high-value target, they can negotiate a deal for the charges to be dropped.
- Not Enough Evidence – The prosecutor can drop a case if there’s not enough evidence to support the accusations against the defendant.
- Fourth Amendment Violation – The prosecutor can drop a criminal charge when the evidence against the defendant was obtained illegally and their constitutional rights were breached, such as arresting a person without a warrant.
- The Victim is Unwilling to Cooperate – In some cases, the primary victim may refuse to cooperate. As a result, there would be insufficient data and evidence to prosecute the defendant and drop the charges altogether.
Why Charges Can Be Dismissed
In a lot of ways, charges dismissed and charges dropped are similar. However, one big difference between them is that a case can only be dismissed once it goes to trial. On top of this, they are typically dismissed at the latter stage of the prosecution.
If the judge sees a lack of evidence, the witness is unwilling to cooperate, and evidence is obtained illegally, then the case may be dismissed. This practice discourages wrongful convictions and police misconduct as well.
Get Professional Help for Your Charges
Now that you’ve learned the difference between charges dropped vs dismissed, it’s time for you to seek the help of a skilled criminal defense attorney. Having them alongside you in court can be a huge help. They can advise you on what steps to take and what you should do moving forward.
If you’re looking for a trusted criminal defense attorney in IA and NE, you should call Fitch & Stahle Law Office. Our lawyers are dedicated to giving you the compensation you need. Call us today!
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