When criminal charges are filed against someone, much like being arrested and wondering “when am I going to be able to return home?”, defendants are eager to know when their case will be dismissed, or charges would be dropped from their record. There are several different scenarios that allow those options to become solidified. A criminal defense attorney will be able to explain to you what your legal options are. In the event that you have not spoken with a defense attorney yet, we are going to list common ways a defendant may have a case dismissed. These are the most common and also must successful way to have a case dismissed and a charged dropped entirely.
Diversion. When an individual does not have a history of any criminal activity or if it has been a while since their last offense (“a while” depends on the location the offense took place and does vary from jurisdiction to jurisdiction). In many cases, a first-time offender may be eligible for pre-trial diversion. In most cases misdemeanors are qualified for diversion, only few felonies are accepted in diversion programs. When a case is dismissed by diversion, the defendant makes a legal obligation to the state to stay out of trouble for a specific amount of time, there are other stipulations that may include completing community service or maybe a class. Once those terms are met, the charges may be removed, or the case may be dismissed. If you do not meet the terms, the case will continue.
Requesting a Deposition. Depositions are used to get a feel of what witnesses may say in the trial without actually being at a trial. Attorneys are able to ask key questions all while the witness is under oath. Depositions are also a way to potentially have a witness removed from the witness list based on their inconsistencies or possibly their refusal to a deposition may be a way to have them removed from the list because they cannot make it for whatever reason. In some cases, a witness is not allowed to miss too many court related or court ordered meetings. In the even that this is a repeat occurrence, many times they are removed from the list. Depending on the value of the witness, the case may be dismissed because there is a no longer a witness. This is a tactic many defense attorneys may use.
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