How To Get Criminal Charges Dropped: An Overview Of Common Defense Strategies
Were you arrested and charged with a crime in Central Florida? It is normal to be stressed out and even frightened. Though, a charge is not a conviction. You have the right to aggressively defend yourself against criminal allegations. You may even be able to get the charges dismissed before a trial. Here, our Orlando criminal defense lawyer highlights some of the most common strategies for getting criminal charges dropped outright.
Three Legal Strategies for Getting Criminal Charges Dismissed
How do you get criminal charges dropped in Florida? It depends on the specific circumstances of the case. You need a strong and well-considered defense strategy. Here are five of the most common strategies for getting criminal cases dismissed before the trial:
- Challenge the Arrest: Under the Fourth Amendment to the U.S. Constitution, law enforcement officers need probable cause to conduct a search or seizure. You can challenge the arrest itself. If the arrest was illegal, it could lead to the case being dropped by the prosecutors.
- Challenge the Evidence: The prosecution has the duty of proving the charges beyond a reasonable doubt. This requires evidence. As a defendant, you have the right to challenge the validity—and admissibility—of evidence. Illegally obtained or otherwise unreliable evidence may be disallowed from a trial. Getting evidence excluded can sometimes get charges dropped.
- Enter a Pre-Trial Diversion Program: In some cases, a defendant may have an option to enter a pre-trial diversion program in order to get charges dropped. Most often, these programs allow a case to be temporarily set aside. If requirements of the program are satisfied, charges will subsequently be dropped. A pre-trial diversion program may be an option in a drug possession case. It could also be an option in certain other criminal proceedings, including in many juvenile delinquency cases.
Every Criminal Case is Different: A Criminal Defense Strategy Should Be Customized
The simple reality is that there is no one “right” criminal defense strategy. Any defense strategy should be customized to meet the specific facts of the case. An experienced Orlando, FL criminal defense lawyer can review the arrest, the charges, and the evidence to determine the best option for getting the case dismissed outright. Of course, getting criminal charges dropped altogether is not a viable option in every criminal case in Florida. A plea agreement may be a better strategy. When the prosecution has sufficient evidence to obtain a conviction, a better defense strategy is to focus on reducing the charges and limiting the long-term consequences.
Speak to Our Orlando Criminal Defense Attorney Today
At The Baez Law Firm, we are aggressive, tireless advocates for our clients. Our Orlando criminal defense attorney is committed to putting time and attention to detail into every case—including developing customized strategies to get charges dismissed outright. Contact us for a fully private, no obligation consultation. From our Orlando office location, we provide felony and misdemeanor criminal defense representation throughout all of Central Florida.
