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Common Scenarios When Criminal Charges Are Dropped

Robert Stahle • March 9, 2018
Criminal Charges - South Sioux City, NE - Fitch & Stahle Law Firm

Not every person that faces criminal charges will need to appear in court or enter a plea. In fact, criminal charges are dropped before a case reaches the court far more often than most people realize. If you’re facing criminal charges, you’ll want to know if there’s a chance that your case may be dropped, or possibly dismissed. While only the prosecution can move to have charges dropped, there are certain circumstances surrounding a case that will increase the chance that they will do so.

Why Prosecutors Will Consider Dropping Charges

When a prosecutor takes on a case they are burdened with the responsibility of proving guilt beyond a doubt. They are there to protect and serve their client, and this means acting in their best interest. If some circumstance indicates that their case is weak, or may be later dismissed by the court, it’s in everyone’s best interest to drop the charges rather than proceeding with a costly, and possibly emotional, trial.

There are 6 main reasons that criminal charges are dropped.


  • Lack of evidence. When a prosecutor looks at the case, they’re able to assess whether the current evidence is enough to fight for a conviction. They’ll also take into consideration how the defense may counter the evidence and decide that there isn’t sufficient proof to proceed.
  • Loss of evidence. If the prosecutor fails to obtain proper evidence, loses or destroys evidence, or fails to comply with evidence disclosure procedures they will likely move to drop charges.
  • Unavailable witness. When a witness that is crucial to the prosecution refuses to cooperate, or flees, a prosecutor may move to drop charges.
  • Mistake in criminal complaint. When an officer makes an error or omission in writing the criminal complaint, it must be modified only by the officer who wrote the complaint under oath. If the officer is no longer available to modify the complaint charges may be dropped.
  • Lack of probable cause for arrest. Officers must show probable cause for arrest. If this isn’t done, charges may be dropped
  • Illegal stop or search. There must be valid reason for a police officer to conduct a stop or search. For example, there must be a valid reason that an officer pulls over a vehicle. Doing so randomly is a violation. Furthermore, law enforcement typically needs a warrant to search property, although some extenuating circumstances apply.

Discretionary Action

Even without one of the above factors, a prosecutor may still move to drop charges based on their own discretion when extenuating circumstances are present. Factors like past criminal records can influence a prosecutor to drop charges. They may also drop charges under certain conditions. For example, dropping charges under agreement that no new criminal activity will be committed within a certain time period.

Although rare, charges may be dropped if the victim in the defense persuades them that the trial may cause undue stress, or in some other way cause emotional harm or long-term damage.

The Court’s Role in the Process

When any of the above circumstances are present, a prosecutor may approach the court to have the charges dropped. This can occur at any point before or after charges have been filed. This is different from dismissal of charges, which can be put into action by either the prosecutor or the court, but only after charges have been filed.

You Need a Qualified Attorney

It’s never safe to operate under the assumption that charges will be easily dropped. You need a legal defense team in your corner who can work with the prosecution to secure the best outcome. If you’re facing criminal charges, contact Fitch & Stahle today. We can help.

By Robert Stahle April 30, 2025
Car accidents happen fast—and the moments that follow can be confusing, stressful, and even dangerous. Whether you’re on a busy interstate in Omaha, a rural road outside Sioux City, or anywhere in between, knowing what to do immediately after a crash can protect your health, your rights, and your ability to receive fair compensation. At Fitch & Stahle Law Firm , we’ve been helping victims of car accidents in Iowa and Nebraska for decades. Here’s what you need to know in those critical minutes and hours following a collision. 1. Check for Injuries and Call 911 Your safety—and the safety of everyone involved—comes first. Check yourself, your passengers, and others at the scene for injuries. If anyone is hurt, call 911 immediately. Even if no one appears injured, it’s still essential to report the accident to the police, especially in Iowa and Nebraska where most accidents involving injury or property damage must be reported. In Nebraska, a crash report is required if there is injury, death, or property damage exceeding $1,000. Iowa has similar laws. Failing to report a crash could result in fines or legal complications later. 2. Move to a Safe Location If the vehicles are drivable and it’s safe to do so, move them to the side of the road or a nearby parking lot to prevent further accidents. Turn on hazard lights to alert oncoming traffic. If moving the vehicles isn’t possible, remain inside with your seatbelt fastened until help arrives. 3. Document the Scene Thoroughly One of the most important steps after a car accident is to gather as much information as possible. This evidence could be critical later when filing an insurance claim or working with an attorney. Here’s what to document: Photos of the vehicles, license plates, damage, skid marks, and road conditions. Names and contact information of all drivers, passengers, and witnesses. Driver’s license and insurance information from all involved drivers. The responding officer’s name, badge number, and a copy of the police report (or report number). Even if you feel fine, take note of any soreness, dizziness, or anxiety. These can be signs of injury that may develop or worsen over time. 4. Do Not Admit Fault It’s natural to want to apologize or take responsibility in the heat of the moment—but resist that urge. Admitting fault, even casually, can hurt your case later. Fault is determined by evidence, traffic laws, and the official investigation—not by what’s said at the scene. Stick to the facts when speaking with police, and don’t speculate. Simply provide accurate information and let the report reflect what occurred. 5. Seek Medical Attention—Even if You Feel Fine Many injuries, including whiplash, concussions, or internal trauma, may not show symptoms right away. Whether you're in Sioux City, South Sioux City, Omaha, or Lincoln, visit an ER or urgent care as soon as possible after the crash. Medical documentation is essential for proving your injuries in a personal injury claim. If you delay treatment, insurance companies may argue that your injuries weren’t serious or weren’t caused by the accident at all. Protect your health and your claim by getting checked out early. 6. Notify Your Insurance Company Let your insurance provider know that you’ve been in an accident, but be cautious about how much detail you provide—especially if you haven’t yet spoken to a personal injury attorney. Stick to the facts and avoid offering recorded statements or accepting a settlement before consulting legal counsel. In Iowa and Nebraska, you typically have to report accidents to your insurer promptly, or you risk being denied coverage. 7. Contact a Car Accident Attorney in Iowa or Nebraska If you were injured, it’s vital to contact an experienced personal injury attorney as soon as possible. Insurance companies are focused on minimizing payouts—not ensuring you’re treated fairly. A knowledgeable attorney can help you: File a personal injury claim Negotiate with insurance adjusters Estimate your full damages (including lost wages, future medical bills, and pain and suffering) Navigate the legal deadlines in Iowa and Nebraska (typically two years from the date of the accident) At Fitch & Stahle Law Firm , we understand the specific laws and nuances of auto accident cases in both states. Our legal team is committed to helping injured clients recover what they’re owed, with no fees unless we win your case. 8. Keep Records and Monitor Symptoms After the crash, keep all paperwork related to the accident and your recovery. This includes: Medical records and bills Repair estimates Police reports Pay stubs or documentation showing missed work Journal entries tracking your pain, symptoms, or limitations This documentation can make a significant difference in the outcome of your case. 9. Avoid Social Media It might be tempting to share what happened—but posts on social media can be used against you by opposing attorneys or insurance companies. Refrain from posting photos, status updates, or comments about your injuries, car, or recovery until your case is fully resolved. Final Thoughts: Your Legal Partner in Recovery Whether your accident happened on I-29, Highway 20, or a neighborhood street in Iowa or Nebraska, the decisions you make immediately afterward can shape your recovery—physically, financially, and legally. At Fitch & Stahle Law Firm , we offer free consultations to help you understand your rights and evaluate your case. If you’ve been injured in a car accident, don’t try to handle the aftermath alone. Let our experienced team fight for the compensation and justice you deserve.
By Robert Stahle April 23, 2025
If you’ve recently been in a car accident, you're likely dealing with more than just vehicle damage. The aftermath of an auto collision can be overwhelming—medical bills, missed work, emotional stress, and constant calls from insurance adjusters. During this time, it’s easy to feel like you’re navigating a maze alone. That’s where a qualified car accident attorney can make a significant difference. At Fitch & Stahle Law Firm, we’re here to explain why hiring an experienced lawyer is one of the most important steps you can take to protect your rights and secure the compensation you deserve. 1. Understanding the Legal Complexity of Car Accidents Car accident claims are rarely as simple as they seem. While the facts may appear straightforward—one car hit another—multiple factors like weather conditions, traffic laws, and vehicle defects can complicate liability. Add in varying state laws, such as comparative negligence rules in Iowa and Nebraska, and the process becomes even more complex. An experienced attorney from Fitch & Stahle understands these legal intricacies. We work to gather evidence, assess liability, and build a strong case that represents your best interests. 2. Insurance Companies Are Not On Your Side After an accident, one of the first calls you'll get is from the insurance company. They may sound helpful, but it’s important to remember they’re looking out for their own bottom line—not yours. Insurance adjusters are trained to minimize payouts. They might offer you a quick settlement, ask misleading questions, or try to get you to admit fault. When you hire an attorney, you shift the balance of power. At Fitch & Stahle, we handle all communication with insurance companies so you don’t have to. We know how to counter lowball offers and negotiate settlements that reflect the full extent of your injuries and losses. 3. Calculating the True Value of Your Claim Many accident victims underestimate the value of their claim, especially when pressured to accept early settlement offers. A fair settlement should cover more than just your car repairs and immediate medical bills. You may be entitled to compensation for: Current and future medical expenses Lost wages and loss of earning capacity Pain and suffering Emotional distress Property damage Permanent disability or disfigurement Our legal team takes a comprehensive approach when calculating your damages. We collaborate with medical professionals, vocational experts, and economists to ensure every aspect of your claim is properly valued. 4. Proving Liability Requires Evidence To receive compensation, you must prove that another party was at fault—and that requires solid evidence. Unfortunately, important documentation can disappear quickly after a crash. Witnesses forget details, accident scenes get cleaned up, and insurance companies may fail to preserve relevant records. At Fitch & Stahle, we act quickly to secure the evidence you need. Our legal team gathers police reports, photographs, surveillance footage, medical records, and witness statements. In complex cases, we may also bring in accident reconstruction specialists to strengthen your claim. 5. Meeting Deadlines and Legal Requirements Every state has a statute of limitations that limits how long you have to file a personal injury lawsuit after a car accident. In Iowa, for example, you typically have two years from the date of the accident to file a claim. Missing this deadline could mean losing your right to compensation altogether. Beyond the statute of limitations, there are other procedural requirements, such as notifying your insurance company or filing certain documents in a specific format. One small mistake could delay or derail your case. When you work with Fitch & Stahle, we ensure every deadline is met and every form is filed correctly, giving your case the best chance at success. 6. You’ll Be Better Prepared if the Case Goes to Court While many car accident cases settle out of court, some do proceed to trial—especially when fault is disputed or damages are significant. Having a lawyer from the beginning means you're prepared for anything. Our attorneys are experienced litigators who are not afraid to take your case to court if that’s what it takes to get justice. We prepare every case as if it will go to trial, which puts us in a stronger negotiating position from day one. 7. Peace of Mind While You Focus on Recovery One of the most overlooked benefits of hiring an attorney is the peace of mind it brings. After an accident, your focus should be on healing—not haggling with insurance companies or navigating complex legal systems. When you hire Fitch & Stahle, we take on the legal burden so you can focus on your recovery. From handling paperwork and phone calls to negotiating settlements and representing you in court, we’ll be your advocate every step of the way. Real Clients. Real Results. At Fitch & Stahle Law Firm, we’ve represented countless car accident victims throughout Sioux City and the surrounding communities. Our proven track record of successful settlements and verdicts speaks to the dedication and skill of our legal team. “After my accident, I didn’t know where to start. Fitch & Stahle took care of everything and made sure I got the compensation I needed to get back on my feet.” – Former Client Contact Fitch & Stahle Law Firm Today The decisions you make after a car accident can impact your life for years to come. Don’t go through it alone. If you’ve been injured in a car accident in Sioux City or anywhere in the tri-state area, contact Fitch & Stahle Law Firm today for a free consultation. We’ll evaluate your case, answer your questions, and help you understand your legal options—at no cost to you unless we win. Fitch & Stahle Law Firm — Fighting for Siouxland’s Injured Since Day One. 📞 Call today or visit fitch-stahlelaw.com to schedule your free consultation.
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