Written by Jayson Baxter
Criminal Records | June 7, 2023
Table of Contents
Knowing how to get charges dropped before court 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.
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.
The best course a person can take when charged with a crime is to hire an attorney to help get the charges dropped because the answer to “Do dropped charges show up on a background check” is yes, and it may be worthwhile to seal or expunge them afterwards.
In any case, there are some things a person can look for that indicate their charges may be dropped before their court date.
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:
With all processes, dropping charges also must follow certain rules or steps, and not every dropped charge is handled equally.
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
When a person finds they have been charged with a crime, they need to know how to get charges dropped before court 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.
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.
| How To Get Charges Dropped Before Court Date in Every State | Statute(s) | Explanation of Pre-Trial Diversion Program & How To Get Certain Charges Dropped |
| How To Get Charges Dropped Before Court Date in Alabama | 12-17-224 12-17-226 13A-6-181 |
Programs are available for individuals charged with passing a worthless check, prostitution or property crimes. Program is designed to help facilitate restitution and rehabilitation without clogging the court docket. The District Attorney (DA) can refer a case to a diversion program. |
| How To Get Charges Dropped Before Court Date in Alaska** | Currently Alaska has no pre-trial diversion program. | |
| How To Get Charges Dropped Before Court Date in Arizona | 13-1810 | Program allows for the deferred prosecution of worthless check or bad check charges to allow for restitution without clogging the court. The DA in each county can make the referral. |
| How To Get Charges Dropped Before Court Date in Arkansas | 16-98-201 16-98-301 |
Defendants 18 and older can be referred to a substance abuse treatment program pre-trial at DA’s discretion. |
| How To Get Charges Dropped Before Court Date in California | 1000-1000.6 1000.8-1000.10 1000.5 1001.20 1001.80 1000.12 1001.70 1001.60 1000.7*1001.85 |
Several California penal codes allow for diversion programs based on either the offense or the population including veterans diversion program, programs for the developmentally disabled, worthless check charges, and parenting classes for those accused of abuse or neglect. Additionally youth ages 18-21 can be referred to a diversion program for non-violent felony charges if it is the first offense in specific counties. There are also diversion programs specifically designed for the homeless population. |
| How To Get Charges Dropped Before Court Date in Colorado | 19-3-310 13-10-126 |
DA can refer someone to a child abuse and neglect diversion program. Courts are also authorized to establish a pre-trial diversion program for those arrested for prostitution. |
| How To Get Charges Dropped Before Court Date in Connecticut | 54-56i 17a-696 54-56l 46b-38c 29-33 29-37a 53-202l 53-202w |
Diversion programs are available for those with mental health issues, or in domestic violence (DV) cases where abuser treatment programs can be completed prior to hearing. There are also provisions for diverting prosecution in certain weapons offenses where the individual is on active duty or can otherwise show compliance with the law. |
| How To Get Charges Dropped Before Court Date in Delaware | 16-4767 10-1024 11-900A |
DA can refer first time substance abuse offenders to a diversion program. First time DV offenders can be referred to an abuser treatment program pre-trial. Diversion programs are also available for worthless check charges. |
| How To Get Charges Dropped Before Court Date in Florida | 948.16 948.16 832.08 |
DAs in Florida can refer first time substance abuse offenders, veterans or those charged with worthless checks to diversion programs. |
| How To Get Charges Dropped Before Court Date in Georgia | 16-13-2 | DA can refer first time substance abuse offenders to a diversionary treatment program. |
| How To Get Charges Dropped Before Court Date in Hawaii** | Currently Hawaii has no pre-trial diversion program. | |
| How To Get Charges Dropped Before Court Date in Idaho | 19-3509 | Allows for diversion of drug and alcohol offenses to a treatment program. |
| How To Get Charges Dropped Before Court Date in Illinois | 720-5/17-1b 730-5/6-3.6 |
Illinois established a first time weapon offender diversion program. Individuals charged with worthless checks can also be diverted to a pre-trial program. |
| How To Get Charges Dropped Before Court Date in Indiana | 12-23-5-1 12-23-6.1-1 12-23-7.1-1 11-12.3.7-1 |
Indiana law allows the DA to refer certain substance abuse cases and individuals with mental illness to diversionary programs instead of a hearing in court. |
| How To Get Charges Dropped Before Court Date in Iowa | 708.2B | Iowa law permits the DA to refer first time domestic violence charge cases to a state abuser treatment program pre-trial. |
| How To Get Charges Dropped Before Court Date in Kansas | 12-4414 | Certain drug and alcohol offenses can be referred to a pre-trial diversion program if it is deemed to be in the public’s best interest. |
| How To Get Charges Dropped Before Court Date in Kentucky | 533.251 26A.400 |
Kentucky provides for pre-trial diversion for both misdemeanor and felony (Class C and D) drug offenses if the court determines treatment will be more beneficial than court punishments. |
| How To Get Charges Dropped Before Court Date in Louisiana | 13:587.4 15:243 |
Louisiana allows for pre-trial diversionary treatment for victims of human trafficking as well as defendants charged with prostitution. |
| How To Get Charges Dropped Before Court Date in Maine | 11013-A | Maine has a pre-trial diversion program for individuals charged with worthless check offenses. |
| How To Get Charges Dropped Before Court Date in Maryland | Division of Pre-Trial Detention and Services | The DA has the option to divert cases for treatment rather than court hearing at the prosecutor’s discretion. |
| How To Get Charges Dropped Before Court Date in Massachusetts | 276A-10 276A-1 |
Massachusetts has diversion programs for veterans and active duty military in addition to youthful offenders (ages 18-22) for non-violent crimes. |
| How To Get Charges Dropped Before Court Date in Michigan | 333-7411 769.4a |
Michigan law allows for pre-trial diversion with treatment for substance abuse offenses and first time DV offenders. |
| How To Get Charges Dropped Before Court Date in Minnesota | 152.18 628.69 |
Pre-trial diversion is available in select substance abuse cases and in cases involving worthless checks. |
| How To Get Charges Dropped Before Court Date in Mississippi | House Bill 1089 (2017) | This bill allows DAs in Mississippi to divert substance abuse cases to treatment programs pre-trial. |
| How To Get Charges Dropped Before Court Date in Missouri | 577.014 | The DA can divert cases from regular court to alternative courts for treatment purposes in certain offenses such as substance abuse. |
| How To Get Charges Dropped Before Court Date in Montana | 3-1-307 | A risk assessment tool is used for felony and misdemeanor charges to determine if pre-trial treatment would be the best option for public interest and offender rehabilitation |
| How To Get Charges Dropped Before Court Date in Nebraska | Pre-Trial Diversion Program | Available in Lancaster County, Nebraska only. Allows first time offenders in certain crimes to receive treatment, perform community service and make restitution to avoid a criminal conviction. |
| How To Get Charges Dropped Before Court Date in Nevada | 176A.250 176A.280 |
Nevada law allows for the diversion of cases involving individuals with mental illness, veterans or active duty military. |
| How To Get Charges Dropped Before Court Date in New Hampshire | 490-G:2 | Establishes a treatment diversion program for drug and alcohol offenses. |
| How To Get Charges Dropped Before Court Date in New Jersey | 2C:36A-1 2C:43-23 |
Laws allow for pre-trial diversion for drug and alcohol offenses and allow for the diversions for active duty military and veterans. |
| How To Get Charges Dropped Before Court Date in New Mexico** | Currently New Mexico has no pre-trial diversion program. | |
| How To Get Charges Dropped Before Court Date in New York | 216.05 | New York allows for pre-trial diversion for drug and alcohol offenses. |
| How To Get Charges Dropped Before Court Date in North Carolina | 90-96 14-107.2 14-204 |
North Carolina allows for pre-trial diversion for first time alcohol and drug offenses or first time offense for prostitution. NC law also allows for pre-trial diversions for worthless check charges. |
| How To Get Charges Dropped Before Court Date in North Dakota** | Currently North Dakota has no pre-trial diversion program. | |
| How To Get Charges Dropped Before Court Date in Ohio | 2935.26 | Ohio allows prosecutors to establish pre-trial diversion programs for offenders the DA feel will benefit from a treatment program. |
| How To Get Charges Dropped Before Court Date in Oklahoma | 63-2-901 22-111 22-991f-1.1 |
Worthless check charges, certain property crimes, and drug and alcohol charges can be diverted pre-trial to treatment or restitution programs at the DA’s discretion. |
| How To Get Charges Dropped Before Court Date in Oregon | 430.450 475.245 135.925 |
Oregon allows for diversion pretrial of worthless check and certain drug and alcohol offenses. |
| How To Get Charges Dropped Before Court Date in Pennsylvania | 35-780-117 | Allows for diversion pretrial of drug and alcohol charges for first time offenders. |
| How To Get Charges Dropped Before Court Date in Rhode Island** | Currently Rhode Island has no pre-trial diversion program. | |
| How To Get Charges Dropped Before Court Date in South Carolina | 17-22-710 | Allows for the DA to establish a pre-trial diversion program at the DA’s discretion to best serve the public’s interest. |
| How To Get Charges Dropped Before Court Date in South Dakota | Senate Bill 114 | Bill allows for pre-trial diversion of first time drug or alcohol offenses. |
| How To Get Charges Dropped Before Court Date in Tennessee | 40-3-203 | Establishes a pre-trial diversion program for worthless check offenses. |
| How To Get Charges Dropped Before Court Date in Texas | 126.001 | Texas law allows for diversion from court for individuals who are victims of human trafficking. |
| How To Get Charges Dropped Before Court Date in Utah | 77-2-4.2 77-2-4.3 |
Utah allows for pre-trial diversion of traffic and boating violations. |
| How To Get Charges Dropped Before Court Date in Vermont | Youth Substance Abuse Safety Program | Allows individuals charged with underage possession of alcohol to be diverted to a treatment program instead of court. Each program is administered on the local level. |
| How To Get Charges Dropped Before Court Date in Virginia | 18.2-251 18.2-57.3 |
Certain first time drug and alcohol offenses, and first time DV offenders can be diverted pre-trial to a treatment program. |
| How To Get Charges Dropped Before Court Date in Washington | 10.05.010 | Specific drug and alcohol charges can be referred to a pre-trial treatment program instead of court. |
| How To Get Charges Dropped Before Court Date in West Virginia | 61-3-39m | Created a worthless check pre-trial diversion program. |
| How To Get Charges Dropped Before Court Date in Wisconsin | 971.37 971.41 |
Allows for pre-trial diversion for treatment purposes cases of first time DV offenses. |
| How To Get Charges Dropped Before Court Date in Wyoming | 35-7-1037 | This statute provides a pre-trial diversion option for certain first time substance abuse offenses. |
* 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.
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:
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.
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
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 court 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
Knowing how to get charges dropped before court date commences is only half the battle and wondering if charges are dismissed or dropped, do you have a criminal record is more common than you expect.
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.
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 court 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
Charges are filed daily and even for those who don’t know how to find out if criminal charges are filed, it’s important to note that the bulk of them result in a plea or trial so finding out if charges are filed is only part of the problem; however, it is possible to get charges dropped before court. Knowing how to get charges dropped before court date arrives, and hiring an attorney as their first step, can help a person avoid a conviction.
Unfortunately for defendants, charges are dropped in only about 8% of cases. Most cases result in plea bargains, with approximately 5% going to trial.1
Dropped charges are those that are usually dismissed prior to any hearings or entry of a plea in a case. This can happen at a preliminary hearing or at a docket call on the day of court. Dismissed charges are charges dismissed either immediately following the prosecution’s presentation of evidence and witness testimony, or upon motion of the defense when there is evidence the arrest or charge is unlawful.
Dropped charges can stay on a person’s record indefinitely unless the state where the charges occur has automatic clearing of non-convictions. In states that do not have automatic clearing, the defendant will have to file a petition to expunge or seal the dropped charges to remove them from the person’s record.
Traffic offenses usually involve speeding, vehicle registration or insurance issues, or safety violations such as improper equipment. Showing proof of a valid license, proper registration, and insurance are ways to get some misdemeanor traffic charges dismissed. Violators can also take driver safety courses in exchange for dismissal of charges, which may be available in some reckless driving cases.
1 Rodriguez, A. (2021, June 22). These Are the Easiest Ways to Get Your Criminal Case Dismissed. The Rodriguez Law Group. Retrieved October 11, 2022, from <https://www.aerlawgroup.com/blog/these-are-the-easiest-ways-to-get-your-criminal-case-dismissed/>
2 What Does the Fourth Amendment Mean? | United States Courts. (n.d.). U.S. Courts. Retrieved October 11, 2022, from <https://www.uscourts.gov/about-federal-courts/educational-resources/about-educational-outreach/activity-resources/what-does-0>
3 Pretrial Diversion Program – What is it & how does it work? (2021, May 27). Shouse Law Group. Retrieved October 11, 2022, from <https://www.shouselaw.com/ca/blog/pretrial-diversion-program/>
4 9-22.000 – Pretrial Diversion Program | JM. (2020, January 29). Department of Justice. Retrieved October 11, 2022, from <https://www.justice.gov/jm/jm-9-22000-pretrial-diversion-program>
5 How Do Criminal Defense Attorneys Lessen or Dismiss Charges for Clients? (n.d.). HG.org. Retrieved October 11, 2022, from <https://www.hg.org/legal-articles/how-do-criminal-defense-attorneys-lessen-or-dismiss-charges-for-clients-50509>
6 Can Charges Be Dropped at a Preliminary Hearing? (2022, August 22). Shouse Law Group. Retrieved October 11, 2022, from <https://www.shouselaw.com/ca/blog/can-charges-be-dropped-at-a-preliminary-hearing/>
7 When does jeopardy “attach” (and what does that mean)? (n.d.). Fully Informed Jury Association. Retrieved October 11, 2022, from <https://fija.org/library-and-resources/library/jury-nullification-faq/when-does-jeopardy-attach.html>
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