When Criminal Charges Can Be Dropped before Trial in Allentown, PA

Yes, criminal charges can be dropped, dismissed, or withdrawn at virtually any time and for a range of reasons. This matter is left to the absolute discretion of the district attorney or the presiding judge. And it has nothing to do with the victim requesting that the charge be dropped or with their refusing to press charges. When criminal charges are dropped, it must be based on legal grounds, and sometimes, that means simply not having a strong enough case to obtain a conviction. If you’re facing a criminal charge, it’s time to consult with our experienced Allentown criminal defense attorneys at Mette Attorneys at Law.

The Distinction between Dropped, Dismissed, and Withdrawn Charges

It’s important to differentiate between what it means to drop, dismiss, or withdraw a charge.

A Dropped Charge

The term dropped charge is used generically to mean the charge was either dismissed or withdrawn.

A Withdrawn Charge

The state can formally withdraw a charge before trial. A withdrawal can be part of a plea deal or in response to insufficient evidence to meet the burden of proof, such as when witnesses drop out or evidence falls apart. The prosecution retains the right to refile the charges up to the point that the statute of limitations expires.

A Dismissed Charge

It is the judge’s job to dismiss a case, which terminates it. This often occurs during the preliminary hearing and is usually due to a lack of evidence or to an effective defense motion raising serious legal error or constitutional violations. Judges can dismiss a case without prejudice, which means the state has the right to refile the charge, or with prejudice, which means the state does not have the right to refile.

When Charges Are Most Likely to Be Dropped in Allentown

The most common reasons for dropping charges in Allentown cases fall into several basic categories.

When There Is Insufficient Evidence

Very often, the reason that cases are dropped before trial is that there isn’t enough evidence to proceed. If the prosecution doesn’t have the evidence necessary to obtain a conviction, they are very likely to drop it for both practical and legal reasons.

When There Are Issues with Police Procedures

The police are held to strict rules and regulations when gathering evidence, and if a defendant’s rights are violated during the process, the evidence obtained may be excluded. An illegal search and seizure often results in evidence being thrown out, which can weaken a case to the point that the prosecution drops it.

When Witnesses Drop Out

Sometimes, key witnesses are no longer available, prove themselves unreliable, or refuse to testify, which can weaken the prosecution’s case to the point that they withdraw the charges.

Turn to Our Experienced Allentown Criminal Defense Lawyers for the Help You Need

Our formidable Allentown criminal defense attorneys at Mette Attorneys at Law are committed to fiercely advocating for your case’s optimal outcome. And having the charge dropped altogether is always a welcome resolution. For more information about what we can do to help you, please don’t delay contacting us online or calling our firm at 717-232-5000.