Facing criminal charges is intimidating. While it might feel as though the entire justice system is working against you, your lawyer can help you defend yourself. In some cases, defendants may have charges dropped before their case ever gets to court. Whether this is possible depends on your circumstances, and you should ask an attorney for help immediately.

We might try challenging the evidence to the point that prosecutors are unlikely to win in court. If that happens, they might agree to drop the charges rather than pursue a losing case. If the authorities violated your rights during the investigation, we may use this to weaken the case against you, possibly excluding evidence. It may also be possible to reach an agreement with prosecutors regarding the charges. They might drop them as part of a plea agreement or because we can provide them with information they need to pursue bigger, more important cases.

Get a free initial case analysis from our Philadelphia criminal defense lawyers by calling the Liberty Law Team at (215) 826-3314.

Challenging the Evidence

One way we can work to get your charges dropped before your court date is to find ways to challenge the evidence. The prosecutor is required to turn over relevant evidence to us during the discovery phase, but not all evidence is good evidence.

Prosecutors must have enough evidence to prove guilt beyond a reasonable doubt. This is an incredibly high burden of proof, and there is a chance that prosectors do not have enough evidence to meet it. If we believe there is no way for the prosecutor to meet their burden, our Philadelphia criminal defense lawyers can urge them to drop the charges or the judge to dismiss the case.

Another possibility is that the prosecutor’s evidence is not very strong. Much evidence is known as “circumstantial evidence,” and it may not directly prove a fact but instead gives rise to a logical inference that a particular fact exists. If all the evidence is circumstantial, which is possible, then the prosecutor may have a very difficult time proving the case. We might persuade them to drop charges rather than lose in court.

Highlighting Legal Violations to Get Criminal Charges Dropped in Philadelphia

A great way to get criminal charges dropped is to point out how the authorities violated your rights. The police and prosecutors are forbidden from violating certain legal rights of criminal defendants. If they do, evidence obtained because of the violation may be excluded from the case and not used against you.

Talk to your attorney if the police searched your home or other private property. If they conduct a search for evidence, they must have a valid warrant or a valid exception to the warrant requirement. If neither is present, the evidence obtained pursuant to the illegal search may be excluded. If key evidence is kept out of the case, prosecutors might have little choice but to drop the charges.

We might instead highlight any denial of due process you experienced. Due process rights ensure that criminal defendants are afforded the benefits of fair criminal procedures. Put another way, it requires the authorities to follow the rules, ensuring a fair trial. If you were denied due process, we can push for a mistrial or the exclusion of evidence, both of which might lead to dropped charges.

Providing Information to Prosecutors to Get Charges Dropped

The authorities might be after suspects they perceive as “bigger fish” and might need information that you can provide. In exchange, they may agree to drop some or all of your charges in exchange for information.

This is a tricky situation to navigate, and you should not do so without a lawyer’s help. You may only need to provide information that the authorities require to further their investigation. Alternatively, you might have to testify in court and actually face the person or people you are incriminating.

Providing incriminating information about others can be dangerous. You might be labeled a “snitch,” and your safety might be in jeopardy. As such, we should emphasize the enormous risk you are taking by cooperating with the authorities to convince them to drop your charges.

It is important to note that this kind of situation is somewhat unusual. Most defendants do not have the kind of information that prosecutors are willing to offer immunity for, unless they are caught up in larger criminal enterprises, such as drug rings or distribution networks.

Negotiating a Plea Deal to Get Charges Dropped in Philadelphia

Plea deals are a common part of the criminal justice system. In fact, many, if not most, cases end with plea deals. Depending on the deal, some of your charges may be dropped ahead of the trial, and you may plead guilty to the remaining charges.

In some cases, prosecutors recognize that they do not have sufficient evidence to prove all the charges against a defendant. In such cases, they may be willing to work out a plea bargain and drop the charges they know are unlikely to be proven. Sometimes, this means very serious charges are wiped away, and you only plead guilty to a less severe offense.

Not all plea deals are the same. Different prosecutors might be willing to offer different terms and conditions, and we must negotiate to get a plea deal that is as favorable to you as possible.

Other pea deals may involve entering diversionary programs. There are various programs you might be eligible for depending on your history and circumstances, and the goal is often to provide counseling and rehabilitative services to defendants. Often, when a diversionary program is completed, the court dismisses the charges.

Dropping Charges Through Accelerated Rehabilitative Disposition

The prosecutor in your case may be willing to recommend you for the Accelerated Rehabilitative Disposition (ARD) program in Philadelphia.

Defendants enter the program during pre-trial stages, and their case is effectively on hold until they complete the program. That can take 6 months to 2 years. However, you may still have to go to court to enter the program and again to finalize your completion.

If you successfully complete the program, which may include paying restitution, community service, and rehabilitative classes, your charges get dismissed. However, if you fail to complete the program, your case may resume and go to a trial where you might be found guilty.

The ARD program in Philly is typically geared toward defendants with minimal criminal records who are charged with minor offenses. If you are facing your first offense and it is a less severe, non-violent offense, you should discuss the ARD program with your lawyer.

Pointing Out Misconduct by the Authorities to Get Charges Dropped

Sometimes, the authorities do not always follow the rules as they should. If legal errors or bad behavior are intentional, there may be issues of misconduct that must be addressed. In some cases, misconduct is so severe that charges must be dropped or dismissed, and the entire case is thrown away.

One example is prosecutorial misconduct, where prosecutors do something unethical or illegal to gain an advantage in court. For example, prosecutors might withhold evidence during discovery or mislead a defendant about plea deal options.

Courts might dismiss entire cases due to misconduct. Often, these cases are dismissed with prejudice to prevent prosecutors from refiling the charges. This is often a punishment for prosecutors to deter future misconduct.

Call Our Philadelphia Criminal Defense Attorneys for Legal Support

Get a free initial case analysis from our Malvern, PA criminal defense lawyers by calling the Liberty Law Team at (215) 826-3314.