Reasons Why Criminal Charges Are Often Dropped or Dismissed Before Trial in Los Angeles
If you’re facing criminal charges, thinking about your trial can feel overwhelming. But a significant number of criminal cases never even make it to trial. The Los Angeles criminal defense lawyers at Werksman Jackson & Quinn LLP have a stellar record when it comes to defending clients facing serious allegations, from violent felonies to complex white-collar crimes.
In many cases, we’re able to get criminal charges dropped before a trial even begins, whether that means uncovering constitutional violations, exposing insufficient evidence, or pointing out key deficiencies in the prosecution’s case.
Insufficient Evidence
One of the most effective ways to get criminal charges dropped is to demonstrate that the prosecution’s evidence is too weak to support conviction. Under California law, the District Attorney has the burden of proving every element of the alleged offense beyond a reasonable doubt. If the evidence does not meet this standard, your attorney may push for a dismissal based on lack of evidence.
Examples of insufficient evidence include:
- Inadequate physical evidence
- Lab results that contradict police claims
- Inconsistencies in police reports
A strong defense lawyer will comb through discovery, challenge lab findings, and identify gaps in the prosecution’s case that make a conviction unlikely. As soon as these weaknesses are presented during negotiations or hearings, the DA may drop charges rather than risk a failed prosecution.
Unreliable or Unavailable Witnesses
Witness testimony is the foundation of many criminal cases. If the prosecution’s witnesses are not credible, change their stories, or become unavailable, the case can fall apart quickly.
Situations that lead to dismissal include:
- The alleged victim recants their statement
- A key eyewitness refuses to testify
- Witnesses have credibility issues
- Witnesses cannot be located
In cases of witness unavailability, prosecutors may be forced to rely on hearsay or circumstantial evidence, both of which are far weaker at trial. If an important witness backs out or contradicts earlier testimony, your attorney may push for a pretrial dismissal or ask the court to exclude the testimony. This could make the prosecution’s case fall apart.
Constitutional Violations and Illegal Searches
When police or investigators violate your rights, the entire case could be undermined. A skilled criminal defense lawyer can file pretrial motions to challenge illegal conduct under the Fourth, Fifth, and Sixth Amendments. These challenges often lead to evidence being excluded, making it impossible for the prosecution to proceed.
Constitutional rights violation that lead to case dismissals:
- Unlawful search and seizure (no warrant, no probable cause)
- Failure to read Miranda rights
- Denial of right to counsel during interrogation
- Coerced confessions
- Illegal arrest or detention
In these situations, the defense can file a Penal Code § 1538.5 motion to suppress evidence. If the motion is granted and the suppressed evidence is essential to the prosecution’s case, the prosecution may be forced to dismiss all charges.
Pretrial Diversion or Alternative Programs
Some criminal charges, particularly non-violent misdemeanors or drug-related offenses, may be dismissed as part of a pretrial diversion program. In these cases, the defendant agrees to meet certain conditions such as counseling, taking classes, or performing community service in exchange for the charges being dropped.
Diversion options in Los Angeles:
- Misdemeanor diversion (PC 1001.95)
- Mental health diversion (PC 1001.36)
- Veterans Court
- Drug Court
An experienced attorney can advocate for diversion early in the process, especially when the defendant has no prior record or the conduct involved minor harm. Once the terms of diversion are completed, the case can be dismissed without trial, so the defendant can avoid having a criminal record.
How Defense Attorneys Push for Pretrial Dismissals
Getting criminal charges dropped before trial requires aggressive strategy and action. At Werksman Jackson & Quinn LLP, we take a multi-faceted approach.
Filing Pretrial Motions
We scrutinize every legal detail of the case. If there’s been a violation of your rights or mishandling of evidence, we file:
- Motions to suppress
- Motions to dismiss for lack of probable cause
- Motions to exclude unreliable witnesses or evidence
Negotiating With Prosecutors
We engage directly with the District Attorney’s office, highlighting the flaws in the case and showing why moving forward would be a waste of resources. Prosecutors are more likely to drop charges when confronted with a robust and credible defense.
Controlling the Narrative
From the outset, we gather exonerating evidence, prepare alibi witnesses, and consult independent experts to build a powerful defense narrative. This often persuades prosecutors to reconsider the case before trial.
Leveraging Public and Media Pressure
In high-profile cases, we may engage with media or use legal filings to highlight abuse, misconduct, or overreach by law enforcement. This puts added pressure on the prosecution to reevaluate their case.
Early Intervention Makes a Big Difference
The earlier you retain a defense attorney, the more options you have to prevent the case from going to trial. At Werksman Jackson & Quinn LLP, we are often brought in before charges are even filed. In those situations, we work discreetly to:
- Convince the DA not to pursue charges
- Prevent arrest warrants from being issued
- Protect your public reputation
Trust the Firm That Prosecutors Take Seriously
At Werksman Jackson & Quinn LLP, we have a nationwide reputation for successfully defending clients in high-stakes criminal cases. Our attorneys include former prosecutors and elite trial lawyers who understand how to turn the pressure back on the state.
Whether you are facing charges for assault, financial crimes, drug offenses, or high-profile allegations, we’ll make every effort to get your case dismissed before trial. If your case does make it to trial, we have an outstanding track record of winning in court.
Speak With an Experienced Criminal Defense Attorney in Los Angeles
If you or someone you love is facing criminal charges in Los Angeles, time is critical. Contact Werksman Jackson & Quinn LLP today. Let our legal team start building the case for dismissal before prosecutors even know what hit them.
Call (213) 688-0460 to learn more today.
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