Matt Horeczko - How to Convince a Prosecutor to Drop Charges

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Criminal defendants can convince prosecutors to drop their charges in a variety of ways. They can present exculpatory evidence, complete a pretrial diversion program, agree to testify against another defendant, take a plea deal, or demonstrate that their rights were violated by police. The prosecutor can still refile the case if new evidence is found to support the charges, says Matt Horeczko.




The reasons a case can be dismissed and the grounds 

There are ways for a case to be dismissed. Consider finding and maintaining such practices in your day-to-day life. If your actions don't constitute a crime, your judge may dismiss the case. The prosecution will then be unable to prove that you engaged in any illegal activities.

In contrast, if the police authority fails to maintain your rights during the investigation process, the authority can dismiss your case.

According to the prosecution, if they believe new evidence will be found, they can dismiss the case without prejudice. Dismissal without prejudice means that they may re-file if they so desire.

If new evidence is discovered, the prosecutor can dismiss the case without prejudice. In such a case, the court can refile the charges if it so desires.




Can a Crime Victim Drop the Charges?

A prosecutor may factor the victim's reluctance to participate in the case into his or her decision about whether to proceed with the case or not. However, it is essential to remember that the victim cannot drop charges in a criminal case.

If there are grounds for dismissing charges other than those above, a criminal defense attorney can evaluate a criminal case and the evidence and determine if a motion to dismiss should be filed, says Matt Horeczko. The attorney can also contact and try to convince the prosecutor to dismiss the charges.

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