You may now be learning about law and one of the questions which comes to your mind is about charges after indictment. You may wonder whether charges can be dropped after indictment. Well, you are able to read about it below along with some other information related to it according to some online sources.
According to a user of Quora, here is the answer of whether charges can be dropped after an indictment.
- Steven Haddock
“Yes. Prosecutors have absolute discretion on whether or not to proceed on an indictment. They are not required to take a case on indictment to trial, it’s just that they can’t take an indictable offence (felony) to trial without an indictment.”
And here is the answer to a related question.
Can charges be changed after indictment?
- Angela Stockton
“Of course they can. Premeditation is a requirement for first-degree murder, so if evidence comes to light that there was no premeditation, that the murder was committed in the heat of passion of simply due to carelessness, the charge can be downgraded to second-degree murder or manslaughter. Plea bargaining wouldn’t exist without downgrading charges. It happens time and time again that a defendant is allowed to plead guilty to a lesser charge in order to avoid a trial.”
Well, that’s the answer that I found on Quora. If you want to know more, you are able to ask a law expert and below, you can read some more information related to it.
The Reasons of Prosecutors Drop Charges
According to the Neal Davis Law Firm site, here is the explanation about why prosecutors drop charges.
There are a lot of factors why prosecutors drop charges. One of them is that when a victim in a criminal charge – a victim around whom the case is built – decides not to cooperate. It is possible that the victim has changed his or her mind and it is useless for the prosecutors to continue if there is no more evidence.
In the list below, you are able to read the possible reasons why your attorney can make your charges dropped or dismissed according to the Neal Davis Law Firm site.
1. The evidence is insufficient
A prosecutor may be able to drop a criminal charge. It can be done if it is determined that the evidence against the accused is not strong enough. It can also be done if there is new evidence which undercuts the prosecution’s case against the defendant. When first reviewing police reports, your attorney can intercede with the DA and prosecutors and argue that there is no basis for bringing a formal charge against you in the first place because of insufficient evidence. Let’s say that charges are filed regardless of insufficient evidence. If so, the attorney is able to file a motion of case dismissal.
2. There are fourth amendment violations
It is important for you to note that the Fourth Amendment protects citizens against unlawful searches and seizures by police, investigators, and law enforcement. If there is any evidence which is obtained illegally, it can and should be excluded from the case. If it is determined that some of their evidence was legally obtained and is inadmissible in court, prosecutors may be able to drop a criminal charge. If the attorney is skilled, he or she can show if that has occurred, maybe because the police failed to get a proper warrant to search for evidence. If there is any evidence without securing a proper warrant which then is deemed inadmissible and may lead to a prosecutor dropping or dismissing the criminal charge.
3. There are procedural issues
Police and prosecutors need to follow strict criminal procedures when they are arresting, booking, interrogating, setting a bail hearing, or engaging in pretrial activities. Let’s say that a defendant’s rights are violated. If so, these procedural errors may actually be able to be the reason for a case dismissal or sentence reduction. However, it is also important for you to note that these issues are able to be complicated. So, working with a skilled and knowledgeable defense attorney is important.
4. Resources are lacking
In fact, prosecutors and district attorneys often handle too many cases than they are able to handle. So, they may be forced to use their time and resources to certain priority cases, while dropping or dismissing minor crimes. It is more likely in case you are accused of a minor crime and you do not have a previous criminal record.
5. You have willingness to cooperate
Let’s say that prosecutors find that you are willing to work with authorities to be able to help solve other crimes or help in some other circumstance. If so, they may be convinced by your attorney to make a deal where they reduce your sentence or drop or dismiss your case.
The Reasons of Courts and Prosecutors Dismiss Charges
According to the Neal Davis Law Firm site, here is the explanation about the reasons courts and prosecutors dismiss charges.
If charges have been filed, prosecutors and sometimes courts may dismiss the charges for some of the similar reasons that charges are dropped before being filed. The evidence may be poor, there may be illegal tactics which may have been used to gather evidence or make arrests or witnesses may be unavailable.
It is important for you to note that a criminal defense attorney has the ability to advance this process which is best done early in legal proceedings or during a pretrial negotiation phase.
A defense lawyer is able to argue that the case of the prosecution will not prevail at trial and urge the prosecution to dismiss or drop the charge. It is done before going to court for a trial. The prosecution may be able to offer to reduce the charge. Then, your attorney may counter that even the reduced charge will not prevail in court.
About a Grand Jury Dismissal
As explained on the Neal Davis Law Firm site, a grand jury dismissal happens when a grand jury is convened to consider indictment on a charge and it is determined that the case is not strong enough. The grand jury is able to dismiss or ‘no-bill’ the charge, or the prosecutor is able to dismiss it. Prosecutors prefer doing it rather than spending time prosecuting a case that they are not able to win.
However, it is important for you to note that grand jury dismissal is able to happen only before the opportunity of a grand jury indictment.
A bookworm and researcher especially related to law and citizenship education. I spend time every day in front of the internet and the campus library.
