If you or a loved one have been charged with a criminal offense, it is important for you to understand what may lie ahead. While you may be convicted, there is a possibility that your charges may be dropped, or you may receive a dismissal, an acquittal, or an expungement. If you are unsure about what each of these terms mean, read our previous blogs about what happens if your charges are dropped, and the difference between dismissal and acquittal, and call our bail bondsmen in Elkhart as soon as possible. After you are convicted, there isn’t much you can do as far as getting your case dismissed yourself, but there are a variety of reasons why a judge may dismiss your charges.
Why a Judge Would Dismiss Your Charges
Only a prosecutor can “drop” the charges against you, and only a judge can “dismiss” your case. However, either may happen in any case for almost the same reasons, which include:
Lack of Evidence or New Evidence
You have to be proven guilty beyond any reasonable doubt in any criminal case. This means, essentially, that the evidence against you has to be substantial. Even if there is evidence linking you to the crime of which you’ve been accused, it may not be enough to convince the judge that it was you who committed the crime. A lack of evidence may cause a prosecutor to drop the charges, or a judge to dismiss the case.
In addition, new evidence may exonerate you if it clearly shows, without a doubt, that you did not commit the crime.
Victims/Witnesses
If the victim of the crime of which you are being convicted changes their mind and doesn’t want to press charges or refuses to come forward, the prosecutor may drop your charges. However, the decision to drop the charges lies solely with the prosecutor, and while they may respect the wishes of the victim, they don’t have to if they have enough evidence or other witnesses to convict you without them.
New witnesses who come forward may also sway the judge to dismiss your case if their statements strongly contradict that of the original victim or witness.
Any Breaking of the Law
Any Breaking of the LawIf any evidence was obtained illegally, or your rights were infringed upon during or after the arrest, it may mean that your case will be dismissed in court.
Guilty Plea
There may be times when the prosecutor will work to drop your charges if you plead guilty. This is called a plea bargain and may or may not be applicable to your case.
First Time Offense
If this is your first criminal offense and it is a minor infraction, the prosecutor may drop the charges either due to the sheer number of cases they have and the need to delegate resources to high-profile cases, or because they don’t believe you had criminal intent to justify a conviction.
Regardless of your unique situation, our bail bondsmen will be there for you when you need us most. If you or a loved one has been recently convicted of a crime and been incarcerated in Elkhart or the surrounding areas, call us now. We’ll work to get you out on bail and back to your life as soon as possible.
