Can a Criminal Defense Lawyer Get My Charges Dropped?

Can a Criminal Defense Lawyer Get My Charges Dropped?

This is one of the first and most important questions a person asks after being charged with a crime. The simple, honest answer is yes, a criminal defense lawyer can get your charges dropped, but it’s not a guarantee. If a lawyer guarantees that in your initial meeting, they’re lying to you – because the decision to drop charges lies solely with the State’s Attorney (the prosecutor), and your attorney’s job is to create a compelling reason for them to do so.

Here’s a look at how a skilled criminal defense lawyer works to get a case dismissed in Maryland.criminal defense, harford county dui lawyer, dui attorney

The Power of “Nolle Prosequi” and Dismissal

In Maryland, a prosecutor can drop a case by entering a nolle prosequi—a Latin term meaning “not to wish to prosecute.” This is the formal legal mechanism for dropping charges. A prosecutor can decide to do this at any point before a verdict is reached, and they do not need the court’s approval.

The prosecutor’s decision is based on the likelihood of securing a conviction at trial. If they believe their case is weak or if your criminal defense lawyer presents a strong enough defense, they may choose to drop the charges to save time and resources.

Common Reasons Charges Are Dropped

A criminal defense lawyer will meticulously investigate your case to uncover weaknesses in the prosecution’s evidence. The following are some of the most common reasons a prosecutor might agree to drop charges:

  1. Lack of Evidence: This is the most frequent reason. The prosecution must prove guilt “beyond a reasonable doubt.” If a key witness becomes unavailable, physical evidence is lost, or the evidence is simply too weak to secure a conviction, the prosecutor may drop the case.
  2. Constitutional Violations: Your criminal defense lawyer will scrutinize the arrest and investigation for any violations of your Fourth Amendment rights (unlawful search and seizure) or Fifth Amendment rights (right to remain silent, right to counsel). If the police violated your rights, any evidence they obtained may be suppressed. Without that key evidence, the prosecutor’s case may fall apart, forcing them to drop the charges.
  3. Procedural Errors: Police officers and prosecutors must follow very specific procedures. Errors in the chain of custody for evidence, improper administration of a breathalyzer test, or an illegal traffic stop can all lead to the charges being dropped. A skilled DUI lawyer, for example, is trained to spot these procedural mistakes.
  4. Credibility of Witnesses: If a key witness’s testimony is inconsistent or if there is reason to believe their credibility is compromised, a prosecutor may drop the case rather than risk losing at trial. This is particularly important in cases that rely heavily on subjective testimony, such as a DUI stop where there is no breathalyzer test.

The Role of Your Attorney: More Than Just a Go-Between

A criminal defense lawyer does more than just ask the prosecutor to drop your charges. They actively build a case that forces the prosecutor to consider dismissal. This involves:

  • Aggressive Investigation: Your attorney will interview witnesses, examine police reports, and file motions to uncover every detail of the case against you.
  • Negotiation: A good lawyer has a working relationship with local prosecutors and can use their knowledge of the legal system to negotiate for a favorable outcome. This may include getting more serious charges dropped in exchange for a plea to a lesser charge.
  • Presenting a Robust Defense: Your lawyer will present the prosecutor with a clear and compelling argument that exposes the weaknesses in their case, demonstrating that they are likely to lose if the case goes to trial.

DUI and Dropped Charges: A Special Case

For DUI cases, getting charges dropped can be particularly challenging as prosecutors often take a very firm stance on impaired driving. However, a DUI attorney has a specific set of tools to achieve this outcome. They can challenge the legality of the initial traffic stop, the proper administration of field sobriety tests, and the calibration and maintenance of the breathalyzer machine. If your lawyer can successfully argue that the breathalyzer evidence should be suppressed, the prosecutor may be left with a case that is difficult to prove, increasing the likelihood of a dismissal or a favorable plea deal.

While a criminal defense lawyer cannot guarantee a specific outcome, hiring one is the only way to maximize your chances of getting your charges dropped. Their expertise is invaluable in navigating a complex legal system and fighting to protect your freedom.