How can I get my charges dropped or case dismissed?
Anthony J. Solare and Alexis L. Scott are Criminal Defense Attorneys in San Diego Countyservicing all of Southern California.
As a former prosecutor, my favorite time to get involved in a case is while the matter is still under investigation. I know that when I was still on the other side, I never wanted to prosecute anyone who shouldn’t have been. I also know that most prosecutors feel the same way and are eager to fully investigate a case before making a filing decision, especially if their information comes from a credible source. We at Solare & Scott take pride in knowing that our reputation makes us such a source.
After they have completed all or most of their investigation, the police file their reports with the appropriate prosecutorial agency, the U.S. Attorney, District Attorney or the City Attorney, depending upon the jurisdiction and seriousness of the alleged crime. The reports are then reviewed by a prosecutor to determine what, if any, charges should be filed. The exercise of this rather formidable power is called “prosecutorial discretion” and it is responsibility most prosecutors take quite seriously.
Accordingly, if provided with information from a trusted Criminal Defense Attorney that convinces them that they do not have a reasonable probability of conviction (the standard I was taught to use), an ethical prosecutor will make the just decision to NOT file criminal charges against the accused. The key here, obviously, is to provide sufficiently strong evidence and statements that will exonerate the accused. This can come in the form of additional witness statements, documentary evidence, video recordings or frequently, information that calls into question the credibility of the complaining witness.
Over the years, as Criminal Defense Attorneys we have provided such information to prosecutors throughout Southern California and been told by them that our efforts were crucial to their decision making. We had a case where our client was falsely accused of child molestation. After extensive investigation and interviews, we provided the prosecutor (someone we had never met before) with our input. Upon review, they told us that “you did a great job for your client, if we had not been given this information, we would have filed this case.”
Which is why an hour’s free consultation can save years of heartache and thousands of dollars. In such an instance, we may have been able to convince the prosecutors to dismiss the case later but that is a more difficult proposition. Once a case is filed, it takes on a bureaucratic life of its own and it seems to be more difficult to get them to dismiss. As importantly, if the case isn’t filed, the client’s stress, embarrassment and legal fees are reduced significantly. If you are ever accused of serious crime you need an experienced and trusted San Diego Criminal Defense Attorney, we suggest that you call us immediately to set up a free consultation!