How Can You Drop Charges on Someone?
In most cases, the first step in dropping criminal charges is to contact the police and file a Drop Charges Affidavit. This must be done in person at the police department and includes a photo ID and payment for the filing fee. After submitting the affidavit, the police officer will contact the district or county attorney’s office to determine if the charges can be dropped. It is important to remember that the prosecutor has a lot of discretion in court proceedings.
The prosecution has a duty to pursue a case to the conclusion of guilt, but the District Attorney can also continue the case without witnesses or evidence. It is unlikely that the prosecution will agree to drop the charges, however, because the court process requires many hearings. While a good prosecutor will consider a victim’s wishes, he or she will ultimately make the decision about whether to drop charges.
Whether the prosecutor decides to drop charges is up to the court, but it is possible for prosecutors to do so for various reasons. Some prosecutors will drop charges when they find that the case has overwhelmingly exculpatory evidence. Another reason to drop charges is when the police have no other suspects to accuse.
Dropping charges may be an appealing option for some victims. Many victims believe that dropping the charges will stop retaliation. But this is not always the case. In many cases, victims of domestic violence or elder abuse have ongoing relationships with the accused and dropping charges will be unfair to them. A Washington criminal defense attorney can advocate for their clients in these situations.
If the prosecutor is not convinced of the victim’s version of the event, he or she may attempt to coerce or threaten the victim to change his or her version of events. If the victim recants, the Crown may still pursue conviction. The prosecutor may also choose to file additional charges based on the victim’s statements, other witnesses’ testimony, or the medical records of the victim.
An experienced criminal defense attorney can help you fight your charges and get them dropped or dismissed altogether. With Neal Davis’ help, you can get criminal charges dismissed. His success rate speaks for itself. Contact him today to discuss your case. If you have any questions about the legal process, do not hesitate to reach out to him. He is more than willing to work hard for your legal defense. After all, you’ll need a strong defense team working to get you the best possible outcome.
You can also file for a dismissal in court if the prosecutor has failed to prove the case beyond a reasonable doubt. This is a great option for those who want to avoid being arrested and have their rights violated. It is possible to dismiss a criminal case on the basis of lack of probable cause, the police failed to follow the rules of evidence, or the defendant is in a pretrial diversion program.