Fighting hard against the criminal charges against you increases the chance that the prosecutor may drop them before your case goes to trial. At Waid Law Firm, LLC, we are exactly that: A fighter who will seek the best outcome in your case.
It is very rare that a criminal case will proceed all the way to a trial in front of a jury. The reality is that most cases are resolved at some point before trial. In many instances, a defendant will reach a plea bargain with the prosecutor that results in a reduced sentence or lesser charges. However, there are some times when the prosecutor may drop charges against you before a trial. This is often the ideal result for a criminal defendant.
If you have been charged with a crime in Marietta, you need immediate legal help from a criminal defense attorney. Speak to attorney Addison Waid at Waid Law Firm, LLC by calling us today at 470-458-9866.
The Prosecutor Must Drop Criminal Charges Under Certain Circumstances
Not only can criminal charges be dropped before court, but they must be ended in certain cases. The prosecutor may drop charges against you under a number of circumstances. The prosecutor has ethical and legal obligations of their own, and one of them is not to pursue criminal charges against a defendant that are not supported by probable cause. This is specifically mandated by Georgia Rule of Professional Conduct 3.8(a). This rule applies not only when the prosecutor is filing initial charges, but also to the ongoing prosecution of a case. If at any point the prosecutor learns that what they initially believed to be probable cause no longer holds true, they must drop the charges against you.
In theory, a prosecutor must take their role seriously, and they should not be in it simply to win a case. Not only do they have obligations to the general public, but they also must act in fairness to a defendant. As soon as the prosecutor comes to learn that charges are not backed up by probable cause, they must move to drop them and dismiss the case.
Judges Typically Cannot Drop Charges Against a Criminal Defendant
Although the prosecutor is typically the only one who can drop charges, a judge can dismiss charges, which has the same practical effect. A judge cannot drop charges on their own because they disagree with the prosecutor, but they can dismiss them under the following circumstances:
- The charging document itself is legally insufficient
- The defendant’s constitutional rights were violated
- The conduct that is alleged is not a crime under Georgia law
Since the judge cannot dismiss charges based on their opinion of the witnesses or evidence, it usually falls on the prosecutor to make that decision. In some cases, your criminal defense attorney may be able to persuade the prosecutor to drop the charges based on how the case is transpiring. For example, your attorney may move to suppress key evidence that is being used against you because it has been illegally obtained. The judge may hold a hearing on this matter before trial. If the prosecutor loses a key part of their case against you, they may choose to drop the charges. Not only is it their ethical obligation not to continue to pursue a case not supported by probable cause, but prosecutors also do not like to lose in court.
Hire a Marietta Criminal Defense Lawyer Early to Challenge the Prosecution’s Case
From your standpoint, this means that you should engage early in the criminal defense process with the help of an attorney. The prosecutor may not simply change their minds on their own and drop charges. In most cases, they must be made to do so because you have raised a key issue that substantially weakens their case.
Taking an aggressive legal approach early can increase the chances that this happens. For example, your Marietta criminal defense lawyer can challenge evidence that forms the basis of the prosecutor’s case that may have been impermissibly seized from you in violation of your Fourth Amendment rights. Even if the prosecutor does not ultimately decide to drop the charges, they may be more likely to reach a favorable plea bargain agreement that lessens the potential punishment that you may face.
Contact a Marietta Criminal Defense Law Firm
Whether your case calls for an aggressive legal approach, or you need a practical attorney who can guide you through the process, speak to a Marietta criminal defense attorney at Waid Law Firm, LLC. We offer free initial consultations to prospective clients, and you can schedule one by visiting our website or by calling us today at 470-458-9866.
