How Can I Get the DA to Drop Charges?
How Can I Get the DA to Drop Charges?
Once charges are filed against you, the DA has discretion to dismiss your case. A DA may dismiss the charges against you for example when the DA does not believe they have sufficient evidence to convict you or when they believe that it is in the interest of justice to dismiss your case. The DA can dismiss the case even when they believe they have enough evidence to prosecute. This comes as a shock to many clients. As you can imagine, then, it may be in your best interest to take the necessary steps to persuade the DA drop the charges. This article will break down everything you need to know about the process, including relevant factors in decision-making, tips, and common strategies used in court.
Dismissal of charges is a desirable outcome for you as it means that you are no longer facing a criminal conviction and associated penalties. However, it’s worth noting that a dismissal doesn’t necessarily erase the incident from your record, though it does typically mean that you won’t be convicted of the dismissed charges.
When charges are dismissed in court, it means that the legal claims or accusations against you are removed, and you are no longer facing those particular charges. There are several ways this can happen as described in the examples below:
One-time offense: If there has been only one instance of criminal behavior, this point can be brought up to the DA as evidence as to why the charges should be dismissed. This is a rather common practice. Whenever a client has committed a crime but has no previous record, attorneys include this information in a “mitigation letter” that outlines this reason as to why charges should be dropped or reduced.
- For example, your attorney may argue that you have no prior convictions and based upon the lack of priors and the facts of your case, the charges should be dismissed. It is still possible to get the entire case dismissed even if you have a criminal record. This occurs when it can be shown to the prosecutor that your criminal record is minimal, or the conviction(s) are very old, or when your attorney can show to the DA that the DA will be unable to prove the case beyond a reasonable doubt if this case proceeds to trial.
- For instance, a client may be arrested for drunk driving and suddenly be facing DUI charges. When negotiating with the DA’s Office, your attorney may bring up the fact that your criminal past is relatively clean or minimal and there are no previous instances of drug/alcohol abuse or reckless driving. This is used to argue that the committed crime in question is “not an accurate reflection” of your character.
- Another example includes domestic violence. If a client is charged with domestic violence but has no previous history of violence or criminal charges, then this may be used as a very important factor by your attorney to argue that the charges should be dropped. This is especially true if you are able to complete domestic violence classes, which can then be used as proof to the DA that you are taking steps to rehabilitate.
Mitigating factors: Many factors in your personal life may culminate and lead to a crime. Whether it’s death in the family, loss of employment, financial difficulties, mental health struggles, or chronic illness, the DA may take these into account when deciding whether to proceed with the charges. Because of this, it is rather important to take a second and reflect on the factors in your life that have contributed to the incident you were arrested for. Were you under a great deal of stress due to problems in your family? Was it a period of grief following the tragic loss of a family member? In fact, it may go even further back than that. If a client has had a relatively difficult upbringing with past trauma, then this point may also be brought up to the DA in order to have charges dismissed or mitigated.
- A common example along these lines are clients who grew up in abusive homes. If an attorney has a client who grew up in an abusive environment and struggled or was abused during their formative years, then communications with the DDA will include this fact. The attorney may ask the client the ways in which their childhood impacted them, the various hardships they faced, and the degree to which the injustice they tackled in their youth contributed to the crime that they allegedly committed.The attorney may request and receive mental health records and other treatment records documenting the trauma.
- Note that the mitigation does not necessarily have be based on experiences during childhood. If a client is arrested for, let’s say, drunk driving, and they recently grieved the death of their mother, then the attorney may argue that this experience caused them to act out of character. The DA should take these “mitigating factors” into consideration when deciding whether or not to have criminal charges dropped.
Evidence of positive character: Any type of evidence, such as a character letter from colleagues, friends, and family, or instances of contribution to your community, may serve to convince the DA that the charges against you should be reduced or dismissed. This is the reason why your attorney may ask you if you know individuals who would be willing to write a positive character letter on your behalf. Regarding the optimal number of letters, the more, the better, although the quality of the letters is more important than the quantity of the letters. Having around seven to ten individuals write an impactful and persuasive letter regarding their experiences with you can make a difference when presenting your case to the DDA and arguing for the dismissal or reduction of charges.
- For instance, a client may have gotten into a physical altercation with a stranger at a sporting event, and the other party may have filed a restraining order and successfully had it granted by the court. When attempting to dismiss the charges, obtaining positive letters that highlight aspects of your character to the DDA, such as your character for peace and may convince the DA to dismiss the charges. The attorney may be able to argue that the alleged victim is protected through a civil restraining order and there has been an adequate judicial intervention in this case to ensure public safety.
- Some tips regarding evidence of positive character:
- Relevance: Ensure that all evidence presented is relevant to the case and supports the specific aspects of character being addressed.
- Credibility: Choose credible and trustworthy sources to provide character evidence. The more reputable and relevant the source, the more persuasive the evidence.
- Specificity: Provide concrete examples rather than vague or general statements. Specific instances of positive behavior are more compelling.
Rehabilitation: You may be recommended to enroll in courses, such as traffic school, anger management, rehabilitation, or psychological counseling, to gather proof that you’re putting in the effort to improve your life choices and make better decision, while addressing your underlying personal and mental health issues. This will show the DA that you’re taking steps to not commit an offense in the future and that you will not recidivate.
- Let’s use the drunk driving example once more. A big concern that the court has when an individual is arrested for a DUI is that they will continue to be a danger to others on the road if they are allowed to operate a vehicle again. For this reason, DUI and traffic classes are a great tool to demonstrate willingness to rehabilitate and not repeat the same mistakes that caused the client to obtain those charges in the first place. These courses may last anywhere from 3 to 12 weeks, and they award a certificate once they are completed. In a “mitigation package” that convinces the court to dismiss the charges, one of the exhibits will be the certificate of completion or proof of enrollment that the client received in the DUI treatment program.
Reconciliation: In some cases, such as in domestic violence, the two parties at odds in court may reconcile their differences and work through their issues outside of court. In this case, evidence that the victim does not wish to proceed with the charges may be presented to the DA. Although in a domestic violence case, the DA is not required to defer to the victim’s wishes to dismiss the case, the DA may choose to do so. When two parties meet outside of the court and seek counseling or treatment in order to discuss ways in which the conflict may be resolved, this evidence may be presented to the DA, who may then move to dismiss the charges.
There are other ways to have your charges dismissed.
Civil Compromise
The parties involved communicate directly or through their legal representatives to negotiate a settlement or agreement for a civil compromise. This often involves discussing the terms until a resolution is reached. For example, the alleged victim may be satisfied if restitution is paid in exchange for the dismissal of the charges.
The benefit of a civil compromise is that a civil compromise can be quicker and more flexible than the pending court case. The civil compromise allows the parties to have more control over the outcome and for the defendant to avoid a conviction on their record.
Collateral Consequences: Finally, it is possible to have the DA dismiss the charges or reduce the charges against if you can prove to the DA that proceeding with the charges will have negative effects on your life. A common example is if you will lose your employment as a result of your conviction. Another example is your immigration status. A criminal case may threaten your ability to stay in the country. Providing evidence of this may be enough to convince the prosecution to drop or dismiss the charges.
- The following examples are immigration consequences of someone who is convicted of a crime, particularly a crime of moral turpitude. Your attorney may argue to the prosecutor that the following consequences will result from the conviction if your charges are not dropped:
- Deportation Risks: Certain criminal convictions can lead to deportation or removal proceedings. Crimes involving moral turpitude, aggravated felonies, drug offenses, and certain violent crimes are particularly problematic.
- Eligibility for U.S. Citizenship: Criminal convictions can affect your eligibility for naturalization. U.S. Citizenship and Immigration Services (USCIS) considers good moral character as a requirement for citizenship, and a criminal record might undermine the process of naturalization.
- Visa Denials: Criminal charges can lead to visa denials or difficulties in obtaining or renewing a visa. Visa applications often require disclosure of any criminal history, and a serious offense might lead to denial or delays.
- Visa Revocation: If you’re already in the U.S. on a visa and are charged with a serious crime, your visa might be revoked, leading to deportation.
- Deportation Risks: For those without legal status, criminal charges can significantly increase the risk of deportation. U.S. Immigration and Customs Enforcement (ICE) may become involved if you are arrested and charged with a crime.
- Ineligibility for Relief: Certain forms of relief from deportation, like Deferred Action for Childhood Arrivals (DACA) or Temporary Protected Status (TPS), often have strict eligibility requirements, including clean criminal records. Charges or convictions can disqualify you from these forms of relief.
When it comes to getting your charges dismissed, you need an experienced attorney who knows how to negotiate with the DA and deliver a successful outcome in your case. Our team at Knight Law has worked on the other side as the prosecutor and simply put, we know the system inside out.
Furthermore, we prioritize our clients, and we go above and beyond in making sure our clients feel a safe space to discuss any matters relevant to their case. It may be a bit frightening to consider the prospect of recalling traumatic or difficult events during the process of case preparation. However, we consider it our duty to ensure that our clients feel comfortable sharing all the information we believe can be helpful to the ultimate goal of having the charges dismissed or reduced.
Don’t wait. Protect your rights, defend your freedom. Start getting your life back on track today by calling (408) 877-6177.
