The prosecution can drop a charge before or after it has been filed in court. Criminal charges are dismissed, on the other hand, after the case has already been filed. Both the prosecutor and the court can decide to dismiss your case. These decisions are generally based on a legal error or lack of evidence to keep the case going.
A dismissed criminal case is one in which you were not convicted. When a criminal charge is dismissed, you are not guilty and the case is concluded. Prosecutors can dismiss the charges without prejudice, allowing the prosecutor to refile the case at a later date within a set period of time. A prosecutor can agree to dismiss a misdemeanor charge, as long as the defendant does not pick up any new charges or get into trouble within a year.
If the defendant is rearrested, the prosecutor can refile the original charges. A principle of the American criminal justice system is that all defendants are innocent until proven guilty. Once your case has been dismissed, the charges will continue to appear on your record, which may appear during a background check for employment, renting an apartment, or applying for professional certification or license. However, if you faced the original charge and were not convicted, you could be removed from your criminal record.
If you are facing any type of criminal charge in Washington, it's important to seek the help of an attorney. In either case, your defense attorney can make the case for you that a charge should be dropped by pointing out these reasons to prosecutors. Before going to court for a trial, a defense attorney can argue that the prosecution's case will not prevail in the trial and urge the prosecution to dismiss or drop the charges. However, in some cases, criminal charges may be dropped or dismissed even before your case reaches the courtroom.
This can be done when the evidence isn't strong enough for a given charge, but it may be strong enough for a lesser charge. If they are removed or dismissed without prejudice, the state cannot bring the same charges against you for the same crime. A criminal lawyer can help you identify errors, violations of rights, and other factors that could lead to the dismissal or withdrawal of charges. There are many reasons why criminal charges can be dropped or dismissed, and it's important to understand how these results could affect your future.
And, in general, the first task of a defense attorney in a criminal case is to determine if there are any reasons why the case could be dismissed before a guilty plea or trial. Sometimes, if the Court does not find good cause for a nolle prosequi motion or if the prosecutor agrees, a criminal case can be dismissed with prejudice, meaning that the case is closed and cannot be reprosecuted. In many cases, your case will be dropped if a prosecutor decides not to file criminal charges against you after your arrest. Normally, the victim of a crime does not have the power to control whether a criminal case goes ahead.
