Many people who insist they did not break the law find themselves facing criminal charges. They typically have to enter a plea either admitting that they broke the law or insisting that they didn’t. The case may go to trial if they plead not guilty. Those facing a criminal trial may worry about the possibility of a conviction and what penalties the courts might impose. The nature of the charges someone faces and their prior record can influence both the charges brought by the state and the penalties possible.
Sometimes, individuals arraigned for criminal offenses do not have to take the case to trial. The prosecutor agrees to dismiss or drop the pending charges. When might prosecutors decide not to pursue criminal charges?
When the defense challenges certain evidence
Sometimes, a criminal defense strategy begins unfolding well before the trial begins. A defense attorney may ask to exclude certain evidence because the state violated the law or the rights of the defendant. For example, a confession obtained from someone arrested but not informed of their Miranda Rights may not be admissible during criminal proceedings. In cases where a defense attorney can exclude most or all of the state’s evidence, the prosecutor may dismiss the pending charges.
When there is another viable suspect
Occasionally, the defense team working to fight someone’s charges can identify another party who may have committed the alleged offense. In scenarios where defense teams have new evidence or a compelling analysis of existing evidence, prosecutors may reconsider their decision to charge a specific individual. Other times, the case may still go to trial. The defense team can use that evidence to raise a reasonable doubt about the defendant’s involvement in criminal activity.
When there are plea negotiations
Occasionally, a defense attorney can negotiate an arrangement in which the defendant pleads guilty to significantly reduced charges. The state may dismiss the more serious pending charges against an individual in return for a plea to lesser offenses. Other times, an agreement to cooperate with the state’s prosecution of another individual might lead to the state dismissing the allegations against one defendant.
There are numerous ways to avoid a criminal conviction and possibly also a criminal trial. Discussing pending criminal charges and reviewing the state’s evidence with a skilled legal team could help a defendant choose the best solution given their circumstances.