Preparing Your Defense
Find an attorney. An experienced criminal defense attorney is your best hope of getting your charges dismissed. The Constitution gives you the right to be represented by a competent attorney, and one will be appointed to you free of charge if you meet the financial qualifications. If you are considering going without an attorney and defending yourself, keep in mind that you may be facing hefty fines or jail time if you are not successful. Check with the court clerk or with your local bar association to learn of any attorneys who work with low-income clients. Some accept payment on a sliding fee scale depending on your income and ability to pay. You can also check your area to see if there are any law clinics associated with an area law school that might be willing to help with your case.
Consider the attorney's qualifications. If you're hiring a private defense attorney, make sure you shop around and find the most experienced attorney you can afford. Look for someone who has experience defending people against similar charges. For example, if you've been charged with theft, the best attorney for you is one who has successfully defended other people charged with theft or related crimes such as breaking and entering. Interview at least three attorneys, and pay attention to their behavior and how they treat you as a client. Look for someone who listens and treats you with courtesy and respect. An experienced defense attorney will understand the needs and resources of the prosecutor's office and can best assess the likelihood of the charges against you being dropped.
Read your paperwork. The documents you received from police or from the prosecutor's office can give you a better understanding of the charges against you. Make sure that all of the information in the documents is correct. Criminal charges may be dismissed if something is incorrect or if the criminal complaint that does not follow the proper procedure. State laws govern what information must be included in a criminal complaint, and it may be possible to have the prosecutor dismiss the charges against you if all the required information isn't included, or if some of that information is inaccurate. A police report often has limited information, and officers may get some facts wrong due to misinformation or misunderstandings at the scene.
Write down what happened. Writing down everything that happened can help your defense attorney build a better case for you. Write down all of the facts from your point of view and include as many details as you can remember. Make sure that you keep the events in the order that they happened. For example, what happened first, second, third, etc. Keep in mind that the information the prosecutor has about the incident that led to your charges will be limited at this stage. Police reports do not include many details and they can also be biased depending on when the officer arrived on the scene. For example, suppose you were arrested after a fight at a baseball game. When the officer broke the fight up, you were on top and your opponent was begging for mercy. Based on what he saw, the officer may have assumed that you started the fight. However, you might have been acting in self-defense and the other man may have attacked you without any reason to do so.
Talk to witnesses. If there was anyone present who saw the events that led to your arrest, find out what they saw. A strong eyewitness willing to testify on your behalf may persuade the prosecutor to dismiss the charges against you. This is even more likely if there is little physical evidence to support a conviction. On the other hand, if the victim of the crime or key witnesses are unwilling to come forward and testify against you, the prosecutor also may drop the charges. Prosecutors need to provide a lot of evidence, and it may be that without any witnesses the prosecutor can't build a case.
Analyzing the Evidence
Evaluate the actions of law enforcement. You may be able to get the charges against you dismissed if the police violated your Constitutional rights. Police can't arrest you without probable cause – a reasonable belief that you committed the crime, based on objective facts. If the officer who arrested you didn't have probable cause, you can't be prosecuted for the crime. For example, if you were arrested for robbing a convenience store because you were in the area, matched the description of the robber provided by the store clerk, and were wearing similar clothes, that may constitute probable cause. However, if you were arrested for the same crime because you happened to be in the area, but didn't match the description, you could argue that the officer didn't have probable cause to arrest you. Police also must have probable cause to stop you or to search you. Unless you consent to a search, the officer must get a warrant before he or she can conduct a search. If the officer conducts a search without a warrant, any of the evidence found can't be used against you in court. If you believe your Constitutional rights were violated in your arrest or subsequent actions by the police, it's important to raise the issue with your attorney. An experienced defense attorney will be able to look into police procedures and assess whether any violations occurred.
Review the elements of the crime. The prosecutor must prove each element of the crime beyond a reasonable doubt. If there is just some weak evidence connecting you to the crime, but no proof that you committed the crime, it may be difficult for the prosecutor to build his or her case. For example, if you've been charged with shoplifting, the prosecutor must prove that you concealed an item and that you intended to remove the item from the store without paying for it. Without much evidence of intent, the prosecutor will have a hard time getting a conviction.
Determine what physical evidence is available. Prosecutors often dismiss charges due to a lack of evidence. In a criminal case, the prosecution has the burden of proving beyond a reasonable doubt that you committed the crime with which you were charged. If the prosecutor doesn't have sufficient evidence to meet that burden, he or she may drop the charges. In some cases, the prosecutor will be unable to prove his or her case without certain physical evidence. For example, it would be almost impossible to prove beyond a reasonable doubt that someone was guilty of murder if the body of the victim had never been found. Keep in mind that it may take several months for the prosecution to figure out there isn't enough evidence in the case.
Consider affirmative defenses. If you have a strong case for an affirmative defense such as self-defense, you may be able to get off a criminal charge. An affirmative defense is something that you must prove – it's not up to the prosecution to disprove it. However, raising an affirmative defense makes the prosecutor's job more difficult because it raises doubts, and the prosecutor must prove that you are guilty beyond a reasonable doubt. Some defenses require you to admit that you committed the act that constitutes the offense, but that you had an excuse or a good reason for doing it. Self-defense is one of the most common of these types of defenses. If you were in a fight and were arrested, but your opponent attacked you for no reason, you might be able to get off by explaining the situation to the prosecutor well before the case goes to trial.
Working with the Prosecutor
Meet with the prosecuting attorney. Once you've prepared your case with your attorney, the three of you can discuss the charges with the prosecutor. If you were wrongfully charged with a crime you didn't commit, or if there's little to no evidence that you did commit the crime, the prosecutor may be willing to drop the charges in some circumstances. Prosecutors have limited resources, so if you were charged with a minor crime such as trespassing, the prosecutor may be more inclined to drop the charges rather than spend time and money prosecuting you. You will need an attorney if you want to meet with the prosecuting attorney, either before or after formal charges have been filed.
Explain the situation. Telling the prosecutor your side of the story can go a long way towards getting the charges dropped. Prosecutors may even dismiss charges if certain circumstances are present. For example, if you have no prior criminal convictions and lead an otherwise responsible life, a prosecutor might be inclined to dismiss a minor charge such as a misdemeanor. Dismissal is also possible where there are questions about the facts, or not a lot of evidence. However, the prosecutor is far more likely to consider dismissing the charges if you tell him or her about yourself and explain the circumstances leading to your arrest. If you are a first-time offender, the likelihood of getting your charges dropped is much greater, if you were charged with a minor crime.
Reveal possible affirmative defenses. If you plan to argue self-defense, or have an iron-clad alibi, letting the prosecutor know about it may result in your charges being dropped. When faced with that information, the prosecutor may choose to drop the charges against you. For example, if you were arrested for robbing a bank, but at the time of the bank robbery you were eating lunch at a restaurant, you might present evidence of that such as a receipt from the restaurant or testimony from the restaurant employees who served you.
Offer to cooperate with other cases. If you have information about other crimes or criminals, you may be able to work out a deal with the prosecutor that includes having your charges dropped in exchange for that information. If you can otherwise be of assistance in helping prosecutors catch other criminals, or are willing to work as an informant on another case, you also may be able to get off a criminal charge.
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