Every criminal case in the state of New York is unique – and so are the final outcomes of those cases. A good assault and battery lawyer will weigh all of the factors in a case in order to develop an effective defense strategy on a client’s behalf.

If you are charged with a crime on Long Island or in New York City, depending on the details of the case, it is possible to have a criminal charge dropped before the case goes to trial. Charges can be and frequently are dropped or dismissed by prosecutors or by the courts in New York.

WHEN CAN CRIMINAL CHARGES BE DROPPED OR DISMISSED?

In what circumstances can a criminal charge be dismissed in the state of New York? Listed here are the most common legal grounds for the dismissal of criminal charges:

1. lack of probable cause for the police to stop, search, or arrest you
2. insufficient, tainted, or missing evidence
3. a mistake or flaw in the legal paperwork
4. the unavailability of a witness, or a witness has changed his or her testimony

WHAT IS PROBABLE CAUSE?

The Constitution protects you, your home, properties, and vehicles from “unreasonable” searches and seizures. The police cannot search you or arrest you on a “hunch.” If the police stop, search, or arrest you, they must have particular reasons and evidence that provide probable cause.

“Probable cause” is evidence that leads to and supports a plausible belief that a crime has been committed and that the person under suspicion should be stopped, searched, arrested, and/or charged with committing that crime.

If your defense attorney can persuade a prosecutor or a judge that you were stopped, searched, arrested, and/or charged in violation of your constitutional rights, the prosecutor may drop the charge or the judge may have the charge dismissed unless there is further evidence against you.

WHAT CONSTITUTES INSUFFICIENT EVIDENCE?

Insufficient evidence simply means that a prosecutor does not have enough evidence to prove the charge against you beyond a reasonable doubt.

However, you must be represented by an aggressive and experienced Long Island criminal defense attorney who can demonstrate that the state’s evidence against you is tainted, lost, or insufficient to convict you of committing a crime.

If a charge was filed against you based on the statements of one or more witnesses, and those witnesses are unavailable to testify – or if the testimony changes and is no longer useful to the state – the prosecutor may have no choice but to drop the charge.

WHAT LEGAL MISTAKES CAN LEAD TO A CHARGE BEING DISMISSED?

How often do you hear about a criminal charge or a traffic ticket getting tossed out of court because a police officer or a prosecutor failed to follow a particular procedure or made a mistake in the paperwork – like spelling a name wrong or transposing some numbers?

Honestly, a misprint or a misspelling is almost never the reason why a charge is dropped or dismissed. One place where mistakes are frequently discovered is in the charging document itself – the legal paperwork that represents the criminal charge being filed against a defendant.

When a court decides if a mistake in the charging document requires a dismissal of the charge, the court’s concern is whether the mistake has caused any prejudice to the defendant, meaning any unfairness or surprise that impairs a defendant’s ability to mount an effective defense.

CHARGES “DROPPED” OR “DISMISSED” – IS THERE A DIFFERENCE?

In casual discussions, the phrases “dismissing a charge” and “dropping a charge” may be used imprecisely and interchangeably. However – and although both are good outcomes for a defendant – dismissing a charge and dropping a charge are two distinct legal actions.

A prosecutor may “drop” a charge at any point in the process may simply choose not to file a charge after someone has been arrested. A prosecutor or a judge, however, cannot “dismiss” a charge until the charge has been filed.

ARE CHARGES DROPPED OR DISMISSED FOR OTHER REASONS?

In addition to the reasons discussed above, there may be practical rather than legal reasons why a New York prosecutor decides to drop a particular charge. Those reasons may include:

1. Limited resources: New York’s overcrowded courts and overworked prosecutors want to use resources efficiently and focus on high priority cases. If you’re charged with only a minor crime, there’s a good chance that the charge can be dropped or dismissed.

2. Leniency to first offenders: If it’s a minor crime, and especially if you are a first-time offender, a criminal defense attorney may be able to persuade the prosecutor to drop the charge.

3. Cooperation with the state: If you can provide a prosecutor with evidence for another case, the prosecutor may consider dropping any charges in exchange for your evidence and/or testimony.

ARE YOU UNDER INVESTIGATION?

If you are being investigated for a crime on Long Island or in New York City, or if you believe that you are suspected of a crime, speak to a defense attorney as quickly as possible.

This is important: Do not – under any circumstances – speak to an investigator, a police officer, or a prosecutor unless your own attorney is present.

The involvement of a criminal defense lawyer may speed up a criminal investigation, and your attorney may be able to “get in front” of the case, persuade the prosecutor to file no charges, or negotiate for a reduced charge and an acceptable plea agreement.

IN WHAT OTHER WAYS CAN A CRIMINAL DEFENSE LAW FIRM IN NY HELP?

If a criminal charge is filed against you on Long Island or in New York City, and if the charge cannot be dropped or dismissed, your attorney will:

1. investigate every detail of the charge
2. gather evidence and speak to witnesses
3. fight aggressively for justice on your behalf

You cannot face a criminal charge – even a misdemeanor charge – by yourself. Far too much is at risk. If you are charged with a crime or under investigation for a crime here in New York, you must have a top criminal defense lawyer working for you. Your future will depend on it.