How to Get Criminal Charges Dismissed or Reduced in Indianapolis

When you’ve been charged with a crime in Indianapolis, you may feel overwhelmed about your future. A criminal conviction can affect many aspects of your life, even if it is just a minor felony or misdemeanor. Your livelihood, where you can live, and your freedom are all at risk. Fighting in court for your liberty is important, but you may be able to get your charges dropped or reduced if you are worried about beating them outright.

By working with an Indianapolis criminal defense lawyer like Sean Hessler, you can work to find a strategy to get your charges reduced or dropped, giving you a much better outlook.

What Does Getting a Case Dismissed Mean?

If you’ve been arrested or charged with a crime in Indianapolis, you face the criminal court process, potentially ending with a sentence behind bars and hefty fines. However, there is a chance that your case could be dismissed by either the prosecutor or by a judge. When your case is dismissed, the criminal proceedings against you end. Your criminal case could be dismissed at any point, possibly during your trial.

What Happens When a Prosecutor Dismisses Criminal Charges?

A prosecutor can decide to file a motion to dismiss your charges. They have two choices: filing with prejudice or filing without prejudice. A motion with prejudice means the prosecutor will not file the same charges. A motion without prejudice, on the other hand, means that they could file the same charges or include more charges in the future. Filing a motion without prejudice typically means that the prosecutor does not have confidence that they could secure a conviction for the original charges. They may choose to wait on additional evidence to make the charges stick. Filing a motion without prejudice does have a statute of limitations, so if they miss that deadline, the charges will be successfully dismissed.

What’s it Mean When a Judge Dismisses Criminal Charges?

When you have been charged with a crime, a judge could dismiss your case if they feel that there are legal issues or your rights as a defendant have been violated. A judge will examine the circumstances of your arrest, how the pretrial period has been handled, and whether the prosecutor has followed the laws in your case.

Why Do Prosecutors Decide to Dismiss Charges?

Prosecutors represent the government’s interests. They are the “people’s lawyers,” arguing that a person has broken the law and that they should be punished. As the government’s lawyers, prosecutors try to bring the strongest cases they can against defendants accused of crimes. Prosecutors may choose to file a motion to dismiss charges because they feel like their case is not actually that concrete. There are several different reasons a case may not be as strong as they appear, including:

Evidence was Gathered Illegally

Prosecutors take over a case after law enforcement has conducted a criminal investigation or made an arrest. Prosecutors work with the evidence they are given. Evidence has to be collected using legal methods, like using search warrants or having true probable cause to initiate a search. When prosecutors are given evidence that was found illegally, they may choose to dismiss a case unless they can get evidence through legal means.

The Evidence is Weak or Circumstantial

Even evidence collected legally in an investigation may be unrelated to your charges. Prosecutors may also be forced to make a stretch to use it to prove you have broken the law. They may decide to dismiss your charges until they can get stronger evidence.

There Were Errors During the Investigation

Criminal investigations require law enforcement agents to follow strict procedures. This gives a clear chain of evidence linking the accused to the alleged crime. If police decide not to follow these procedures during your arrest or in their investigation, the prosecutor may believe your rights were violated. For instance, any evidence found during a search that wasn’t started with probable cause could be suppressed from your trial. Prosecutors may realize they don’t have a case if they can’t use the evidence, so they may choose to dismiss your charges.

The Prosecution Cannot Find a Reliable Witness

Eyewitnesses often support criminal cases, and if their testimony becomes unreliable, prosecutors may choose not to use them or move to dismiss the case. Eyewitnesses have been convincing resources in criminal trials, but they are unreliable in delivering the truth. So, if a witness cannot deliver a compelling story, prosecutors may choose to dismiss your case.

Why Would a Judge Decide to Dismiss Your Criminal Charges?

A judge may choose to dismiss your charges for reasons that are similar to a prosecutors: not enough evidence to convince them of the possibility of your guilt, they identified errors in the investigation, or they don’t think the prosecution has a compelling case to deliver. There are other reasons that a court may choose to dismiss your charges, including:

The Court’s Caseload is Full

Everyone deserves their day in court, no matter what. While judges can try to give everyone time to argue for their innocence, some cases may take priority because the accused are facing higher-level crimes. Low-level or nonviolent crimes should be given the same treatment as crimes like battery or homicide, but there might be too many cases. The judge could talk to the prosecution to work to weed out weaker cases for lesser crimes, or the defendant could agree to a deferral program, which might lead to their case being dismissed.

Your Sixth Amendment Rights were Violated

You are guaranteed a “speedy trial” under the Sixth Amendment. If you have been arrested and charged with a crime, you should be able to expect a trial within a reasonable timeframe. There are legal ways the prosecution or the defense may ask for a continuance, but if it seems the prosecution is taking an unreasonable amount of time, charges could be dismissed.

Can My Charges be Reduced?

Sometimes getting your charges dismissed outright is not a possibility. Your defense lawyer could argue for reduced charges. Although you may still face a criminal penalty, it will not be as bad as your original charges if you can get a reduced charge.

When is a Crime Likely to be Reduced?

In many cases, a nonviolent felony could be reduced to a similar misdemeanor. Your criminal history can also impact the likelihood of a reduction; first-time offenders could walk away with a lesser charge than repeat offenders. Another factor in getting a charge reduced is your cooperation. If you accepted responsibility quickly or cooperated with the investigation, a prosecutor could be more likely to agree to a reduced criminal charge if you did not make the case difficult.

What Should I Do if I’m Arrested in Indianapolis?

If you’ve been arrested and charged for a crime in Indianapolis, you need to work to fight the consequences as much as possible. Your guilt hasn’t been proven yet, but you need to be active in fighting the possibility of time behind bars or a disruption to your life.

Do Not Speak with Police

You have the right to remain silent after an arrest. Use that right. Answer basic questions, like your name and address, but do not volunteer any more information than that. Ask to wait to answer questions until your lawyer is present. If you have answered questions without a lawyer, there could be an argument made your rights were violated, or your attorney could argue that you weren’t given due process.

Hire a Criminal Defense Attorney

Whether your arrest is fresh or if you’re out on bond, you need to find a reliable and qualified criminal defense attorney. Your future is on the line. A public defender can be helpful, but they can be working on more than one case at a time. A private defense attorney typically has more time and resources to dedicate to your case. You stand a better chance at getting your charges dismissed by working with an Indianapolis defense lawyer.

Do What Your Lawyer Tells You

Once you hire a lawyer, they work in your best interest. They can only do their job as well as you allow them. If you withhold key details or don’t follow their advice, their job will be much harder. Giving them the info they need and following their instructions can set your case up for a dismissal or reduction.

Call an Indianapolis Defense Lawyer to Fight Your Criminal Charges

Whether you’re facing DUI allegations or you’ve been accused of using or selling drugs, you deserve to fight your charges in court. You need a reliable attorney on your side, one who knows the Indianapolis justice system and understands how to fight for a dismissal. Attorney Sean Hessler of Hessler Law has helped clients in similar situations and he’s ready to hear your story. He understands that there are cases where law enforcement gets it wrong. He is ready to negotiate your charges with prosecutors or he’ll take it to trial to fight for your freedom. Don’t hesitate — call us today to schedule your consultation.