How To Get Charges Dropped Before Court Date: Step 1 Do This

Jayson Baxter

November 23, 2022

Knowing how to get charges dropped before hearing date can help eligible individuals avoid being charged and forego the negative impact of criminal convictions.

Even though only 8% of charges are dismissed or dropped outright, it’s worth trying because the alternative is being charged or agreeing to a plea bargain.¹

The first step is doing this; searching your criminal record with a background check to see if the charge is already filed, how it was filed, and if any other charges you weren’t told about were filed during the incident.

After step 1, be sure to understand what types of charges can be dropped, signs your case may be dropped, state specific laws on the matter, and the exact process on how to go about getting dropped charges before your court date.

Can You Get Charges Dropped Before Court?

While getting charges dropped before court is rare, it can and does happen if certain stipulations are met. There are some things that the defendant can do to help get charges dropped before setting foot in a courtroom and if done right, charges can be dropped by the district attorney (DA) before a hearing.

This usually happens when the evidence in a case would not support a conviction. Since district attorneys are elected officials that typically run on their conviction rates, they often will not take cases to court that may result in a not-guilty verdict.

District attorneys will also move to dismiss or drop charges in situations where the victim is reluctant to testify or witnesses are uncooperative or cannot be found. Again, without substantial evidence, the DA will not take a matter to court. This is not only to protect the DA’s conviction record but it is also designed to give law enforcement more time to gather evidence or determine if there is no additional evidence to support the charges.

Some states offer pre-trial diversion programs that a defendant can enroll in prior to court. When the person successfully completes the program, information is provided to the district attorney’s office and the defense attorney (when the individual has hired or been appointed an attorney), and the case is dismissed without a hearing.

Judges also have the option of dismissing cases based on pre-trial motions made by the defense without a full hearing in the matter. The defense attorney will look at the circumstances of the arrest or charge, determine where there are holes in the case, and appear in front of a judge on behalf of the defendant to get the charges dropped.

The process of dropping charges can happen in a couple of ways and once charges have been filed, they are placed on a docket (a docket is the list of cases scheduled to be tried in court on a given day).

In a docket call, the DA can ask the charges be dropped with or without prejudice.

Another way is for the DAs office to “recall” the charges and warrants or summons. This happens prior to court and is usually when there is insufficient evidence to support the charges.

When facing criminal charges, the best step to take is to hire an attorney to assist in getting the charges dropped, as dropped charges do appear on background checks, and it might be beneficial to seal or expunge them later.

In any case, there are some things a person can look for that indicate their charges may be dropped before their court date.

6 Signs Your Case May Be Dismissed Before Court

There are things a defense attorney will look for when evaluating a case to see if the charges can be dismissed without ever going to trial. Some of the signs the defense looks for include:

1. Lack of evidence to support the charges. This includes whether or not there are victim and witness statements placing the person at the scene of the offense, and committing the offense.
2. The DA has not been able to determine sufficient probable cause to support the charges. Probable cause simply means the crime occurred and the person charged was most likely the one who committed it.
3. During pre-trial motions, the judge finds the case does not meet judicial standards. In these cases, the court can dismiss the matter before the hearing.
4. The defendant was subject to an illegal search by law enforcement, the charges can be dismissed. Also, when confessions are forced by the police or other rights are violated, it can lead to a dismissal of charges against the accused.
5. Mistakes in the criminal complaint itself can lead to a dismissal of the charges. Mistakes can be missing dates/times of the crime or other important details.
6. Witnesses or the victim or victims are not available for court or are refusing to testify in court is another indicator the case may be dismissed before a hearing.

With all processes, dropping charges also must follow certain rules or steps, and not every dropped charge is handled equally.

Can Charges Be Dropped Before Court in Every State or Just Certain Ones?

The process of dropping charges can vary from state to state, and each area must adhere to state and federal rules, as well as protections outlined in the United States Constitution.

For example, in cases where a search was illegally performed and charges are dropped against the defendant, the argument would be the case violated the person’s Fourth Amendment rights making the matter unlawful.²

Some states have pre-trial diversion programs that allow defendants to complete certain steps in the earliest phases of the complaint process. This allows them to avoid court and get the charges dropped or dismissed upon successful completion. These programs are most often used in cases involving drug abuse, domestic violence and shoplifting or petty larceny.³

How To Get Charges Dropped Before Hearing Date

When a person finds they have been charged with a crime, they need to know how to get charges dropped before hearing date commences. Other than checking their own criminal history, the first thing the defendant will need to do is consult an attorney, either by hiring one, requesting a court appointed attorney, or reaching out to legal aid in their area.

An attorney can analyze the case the prosecution has against the accused and see if there are any flaws that would lead to a dismissal. A defense attorney can also negotiate a pre-trial diversion if available to avoid court and a criminal conviction.

How To Get Charges Dropped Before Hearing Date in Each State, Pre-Trial Diversion

Pre-trial diversion programs are designed to help individuals accused of certain crimes avoid court while getting treatment or other support to help prevent re-offending in the future. Most states in the United States offer some type of pre-trial diversion program for district court cases, typically misdemeanor charges.

For felony or superior court cases, getting charges dropped usually involves mistakes made by law enforcement or lack of evidence.

The table below outlines pre-trial diversion programs by state, along with a link to more information on the program.

* Diversion program is only available in the following counties: Alameda, Butte, Napa, Nevada, Santa Clara, Ventura.
** Individuals in this state may still be eligible for deferred sentencing; however, it would necessitate appearing in court to enter a plea or an Alternative Court Process.

Most diversion programs are established for non-violent or victimless crimes. In some cases minor traffic offenses can also be diverted from court by taking a driver safety course in exchange for dismissal of the charges, or by showing proof of a valid license, insurance or registration. Federal charges are handled differently than state charges.

Can You Get Federal Charges Dropped Before Court?

Federal court cases require the same standards as state courts to get a conviction, and it is important to hire an attorney to help get federal charges dismissed or dropped before court.

Federal courts do have a pre-trial diversion program for certain offenses that can be used at the prosecutor’s discretion. The criteria for Federal Pretrial Diversion includes:

• The individual has not been charged with a crime that should be tried on the state level (in other words, the federal court must have jurisdiction over the case).
• The person does not have 2 or more felony convictions prior to the offense.
• The accused is not a public official.
• The offense does not involve national security,
• The matter can be diverted to best serve the public interest.
• The program provides reasonable restitution to victims.
• The diversion program does not exceed 18 months.⁴

Regardless of whether or not a diversion program is available on the state or federal level, hiring an attorney is the first move an accused person should take.

Role of a Defense Attorney In Getting Charges Dropped Before the Court Date

The ultimate goal of a defense attorney is to win the case against their client. At the onset of charges, the defense will be examining the case notes and looking for ways to get the charges dismissed before it gets into the courtroom.

A defense attorney can also help negotiate a pre-trial diversion which will result in charges being dismissed before a hearing can be held. The defense will discuss all options and changes of dismissal with the client prior to filing motions to dismiss or speaking with the DA about treatment programs.⁵

Can Charges Be Dropped at a Preliminary Hearing? Arraignment Hearing?

If a preliminary hearing has been scheduled, it is still possible to get charges dropped at either of these early court appearances. How to get charges dropped before hearing date at the preliminary hearing will depend on the strength of the DA’s case as well as the motions filed and argued by the defense attorney.

The judge or DA can elect to drop charges at a preliminary hearing when there is insufficient probable cause to proceed to trial. Preliminary hearings are not to be confused with an arraignment where the defendant usually enters a plea and a trial date is set. Preliminary hearings are designed to see if there is enough evidence to support the charges.⁶

What Happens If Charges Are Dropped Before Court?

Understanding how to have charges dropped before the hearing date is just the beginning, as questions about whether charges are dismissed and concerns about criminal records are more common than you might think.

It’s also important to know what happens after charges are dropped before hearings are held. Dropped charges before court means a judge or jury has not heard any evidence yet. This means the DA has the option to reinstate the charges at a later date.

Dropped charges may also still appear on a person’s criminal history if state laws do not allow for automatic expungement of dropped or dismissed charges. The criminal history will show a person has been accused of a crime, but will show it as a non-conviction.

Charges can be reissued if the statute of limitations has not expired, and the prosecution has been able to get more evidence to support a conviction. This means that even though charges were dropped, the accused may not be completely out from under the matter. Whether or not charges can be refilled depends on when jeopardy attaches.

Does Jeopardy Attach If Charges Are Dropped Before Court?

In legal terms, jeopardy means that the person accused is in danger or loss of freedom or other rights if convicted of a criminal offense following a trial or hearing in court. When jeopardy attaches to a case is important to know when wondering how to get charges dropped before hearing date arrives.

If charges are dropped before court, jeopardy has not been attached to the case meaning the DA has the option of reinstating the charges at a later date.⁷

Criminal charges are filed daily, and even for those unaware of how to determine if charges have been filed, it’s crucial to understand that most cases end in a plea or trial, so discovering filed charges is just one aspect of the issue; nevertheless, it is feasible to have charges dropped before going to court. Knowing how to get charges dropped before hearing date arrives, and hiring an attorney as their first step, can help a person avoid a conviction.

Frequently Asked Questions