If you have just been arrested or arraigned, you might be wondering: can charges be dropped before court in NJ?
The short answer is yes, but it’s not guaranteed. There are multiple factors involved, including evidence, the prosecutor on the case, and having a sound legal strategy.
That’s why it’s smart to work with a criminal defense attorney from the start, as it gives you the best chance of a pretrial dismissal in NJ. Read on to learn how to get charges dropped in NJ and how the pretrial process works.
Who Has the Power to Drop Charges?
Your lawyer doesn’t have the power to drop charges against you. The primary authority here is the prosecutor, such as a County Attorney or District Attorney. However, in some situations, the judge may also be able to dismiss criminal charges in NJ.
Your attorney’s job in this situation is to understand the law and the unique aspects of your case. Then, they can fight for you in the pretrial period, filing motions to give you the best chance of the outcome you want.
Common Reasons Charges Are Dropped
Why would a prosecutor drop charges in NJ? There are multiple reasons related to both legal procedure and their confidence in winning the case. Remember, the prosecution won’t push for a conviction they don’t believe they can get. Your attorney will try to leverage that wherever possible to get them to reduce or drop the charges.
The most common reasons for dropping charges before court are:
- Lack of evidence – The prosecutor doesn’t have enough evidence to prove you committed the offense.
- Witness issues – A witness can disappear or be proven unreliable. They may have exaggerated or lied when first giving a statement.
- Illegal search or arrest – If evidence was obtained through an illegal search, it may be excluded from the trial. If your arrest wasn’t performed properly (e.g., no warrant or probable cause), the case may be dismissed.
- Mistaken identity – You may have been arrested instead of the real perpetrator of a crime based on your name or appearance.
Can a Victim Drop Charges?
What if there was a victim involved in your charges? Examples might be assault or robbery, among other charges. Can the victim decide to drop the charges?
It’s a common misconception that if the victim decides not to pursue charges, the case is dismissed. However, only the prosecutor can decide this. Even if the victim refuses to testify or signs a declination affidavit (a document saying they don’t want to press charges), the prosecutor can continue with the case.
How a Defense Attorney Can Help Get Charges Dropped
The best way to get charges dropped in NJ is to hire an experienced lawyer who has a good track record of pretrial dismissal. Your defense attorney can employ a number of strategies to increase the possibility of getting your charges dropped.
A strong defense attorney will analyze all the evidence in your case and challenge anything questionable. In the best-case scenario, harmful evidence could be excluded from the case. If the prosecutor can’t use it in a trial, they may decide to drop the charges.
As mentioned above, your lawyer can also file motions. These are official requests given to the court to exclude evidence, suppress statements you made previously (such as during your arrest), or question the reliability of key witnesses.
A good lawyer will start negotiations with the prosecution early. Combined with motions, it may be enough to convince the prosecutor to drop the charges.
When Charges Are Most Likely to Be Dropped
When is a prosecutor most likely to dismiss criminal charges in NJ? As you just read, weak cases stand a better chance of pretrial dismissal. Prosecutors are often overloaded with work and don’t want to take on cases they feel they are likely to lose.
Cases where procedural issues come into question are also more likely to be dropped. An illegal search or arrest is a good example in this category. Your rights have to be respected even when police believe you have committed a crime.
Also, charges are most likely to be dropped during the early stages of the pretrial period. Therefore, the sooner you find an attorney to defend you, the better your chances of a dismissal outcome.
What Happens if Charges Aren’t Dropped
It’s possible the charges against you won’t be dropped. If that happens, your case will continue with a trial court date in the future.
Another possibility is that the prosecutor doesn’t dismiss your case but reduces the offense to a lower one (aka downgrading the charge). This usually happens together with you agreeing to plead guilty to the lesser charge. Your defense attorney can negotiate this for you if they think it’s the best course of action for your particular case.
Find Out if Your Charges Can Be Dismissed
Could you possibly get a pretrial dismissal in NJ? You can’t know without speaking to a seasoned defense attorney.
Your best bet is to reach out to a top lawyer like Michele Finizio right away. Time is of the essence if you are in the arraignment or pretrial period. You want as much time as possible to confer with your attorney and let them try to negotiate a dismissal for you, if it’s feasible.
Michele offers a 100% free, no-obligation consultation so you can see if getting your charges dropped is possible. She has represented hundreds of clients in Burlington, Camden, and Gloucester counties, securing the best possible outcomes for them. If a pretrial dismissal is not in the cards, she can represent you in your court trial.
Call her office today at 856-888-9059, or contact her online to schedule your consultation appointment. Don’t wait! Your case depends on timely action.
