What Does "Charges Dropped" Mean in California?
If your charges are dismissed in California, it indicates that the prosecutor has chosen to halt the case against you, typically because of insufficient evidence or legal problems with the charge.
Although this is a favorable result, you might consider additional actions to clear your record, such as applying for expungement or record sealing, particularly if the charges were dropped before a jury was selected.
The prosecutor, also known as the district attorney, might have concluded that they cannot establish the case beyond a reasonable doubt, which is necessary for a criminal conviction.
This decision is based on the fairness of the legal process, ensuring that only cases with strong evidence proceed.
Law enforcement might have infringed on your rights, such as violating the Fourth Amendment, which could make the evidence unusable. Alternatively, the prosecutor might think you were wrongly accused. You may also have completed a diversion program that results in charges being dropped.
You need to understand the difference between "dropped" and "dismissed": although they are often used interchangeably, a judge can order a case dismissed, while a prosecutor may choose to "drop" a charge.
If you've been charged with a crime in Los Angeles, one of the first and most important questions is how long the process will take. The answer depends on several factors.
Key Takeaways
- Criminal charges in California range from minor infractions to serious felonies, which can carry significant jail or prison sentences, fines, and long-term consequences.
- If a prosecutor drops a charge against you, they will no longer pursue the criminal case.
- Prosecutors can drop either misdemeanor or felony charges at any point, whether before or after filing your case.
- If you are in custody when a charge is dropped, you must be released.
- It's important to note that a dropped charge doesn't always mean it's gone forever.
- A prosecutor might reinstate it later if new evidence emerges..
- When a charge is dropped, it's a clear sign that the prosecutor is no longer pursuing your case.
- Dropped charges mean no more court dates or penalties, providing a sense of relief and closure.
- One common reason is the lack of sufficient evidence to secure a guilty plea or persuade a jury of your guilt.
- Another reason is having credible proof that, if charges were filed, you could successfully argue self-defense.
- If accused of a crime you committed due to threats of immediate harm or death, you might use duress as a defense.
- New, credible evidence like DNA results or witness testimony might have exonerated you.
- Sometimes, a plea deal is reached that involves dropping some charges in exchange for a guilty plea.
What Occurs When Charges Against You Are Dismissed?
Charges can be dropped at almost any stage of your case, from before charges are officially filed to during the trial. However, most charges are usually dropped before the trial begins. If a charge against you is dropped, then:
- Prosecutors will no longer seek a conviction for your charge.
- The case will not go to trial, or the trial will not continue if charges are dropped during the proceedings.
- You will not be penalized for the alleged crime, and
- If charges are dropped while you are in custody, you will be released.
Furthermore, under California's recent Clean Slate Laws (AB 1076, SB 731), any charges that do not lead to a conviction are promptly sealed from your criminal record, preventing them from appearing in background checks.
What Are the Typical Reasons for Dropping Charges?
Prosecutors may choose to dismiss charges for various reasons, which might include, but are not limited to:
- Insufficient evidence: The prosecutor might decide that the evidence is insufficient to prove the case beyond a reasonable doubt.
- Unreliable witnesses: If key witnesses are unavailable or their credibility is questioned, the prosecutor may drop the charges.
- Uncooperative victim: If the alleged victim chooses not to cooperate or does not want to press charges, prosecutors might dismiss the case, particularly when the victim is an essential witness. This often happens in domestic violence cases.
- Exculpatory evidence: New evidence could either challenge the prosecution's case or bolster the defendant's innocence.
- Procedural issues: This could include how the evidence was gathered or if the defendant's rights were violated during the arrest, which can also lead to charges being dropped. For instance, if law enforcement conducted an illegal search or failed to read you your Miranda rights before custodial interrogation, your criminal defense attorney could argue for the charges to be dropped.
- Plea agreements: If there are multiple charges, prosecutors might agree to dismiss some as part of a plea deal. For instance, they could drop a more serious charge in exchange for you pleading guilty to a lesser offense.
- Costs evaluation: Prosecutors also need to evaluate the costs and time involved in going to trial. If the case is minor or the evidence is weak, they may decide that pursuing it is not justified. This is known as 'resource management' and is a common reason for charges being dropped.
Domestic Violence Incidents
Many domestic violence cases involve victims who initially file police reports and cooperate with prosecutors but later refuse to continue cooperating. It's common for victims to recant their stories and ask prosecutors to drop charges, a situation prosecutors are very familiar with.
They often suspect that victims are now lying to protect the alleged abuser. However, victims of domestic violence cannot drop charges on their own, and prosecutors may still proceed with the case even without the victims' continued cooperation.
Besides these particular reasons (excluding plea bargains), prosecutors generally drop charges because they doubt they can secure a conviction. They prefer not to use taxpayer money on a trial they are likely to lose.
Concerns Regarding Illegal Searches
Charges might be dropped if an illegal search occurs. If law enforcement exceeds the scope of the search warrant or if the warrant is excessively broad, your California criminal defense attorney can request the judge to suppress evidence obtained from the illegal search, which could lead to the charges being dropped.
Police generally require a search warrant to enter and search your home or vehicle. This warrant must clearly specify the items being sought.
Law enforcement cannot search without probable cause to believe you've committed a crime and that evidence may be found at the location.
Additionally, if police do not read you your Miranda rights before custodial interrogation—questioning after arrest—the judge may suppress any statements you've made, including confessions.
Dropped Charges vs Dismissed Charges
While having charges dropped may lead to the same result as having them dismissed—avoiding trial and conviction—they differ slightly in scope. The prosecution drops the charges, whereas a judge decides whether to dismiss them.
- A dropped charge indicates that the prosecution has decided not to continue pursuing the case against you, for any of the reasons listed above or others.
- A dismissed charge indicates that the judge has chosen not to proceed with your case. This decision can result from various reasons, such as procedural mistakes, insufficient evidence, or breaches of constitutional rights.
A dropped charge is not protected by "double jeopardy" because that protection applies only after a trial is complete.
Prosecutors might refile the charges if new evidence emerges. This is different from a charge dismissed "with prejudice," where prosecutors cannot refile based on the same claims or evidence.
Therefore, even if charges are dropped, stay alert and keep working with your attorney to safeguard your rights. You should consult our California criminal defense lawyers to review your case details and discuss the possibility of dismissing your criminal charges. Cron, Israels & Stark is based in Los Angeles, CA.