Being charged with a crime does not automatically mean the case will end in a conviction or even reach a trial.
Criminal cases can change considerably between the filing of charges and a scheduled trial date. New evidence may emerge, witnesses may provide additional information, legal problems may be discovered, or the prosecution’s evidence may prove weaker than it initially appeared.
In some California cases, one or more charges may ultimately be dismissed before trial.
For someone facing criminal charges in Los Angeles, understanding how and why a dismissal may occur can help clarify what an experienced criminal defense attorney is looking for during the pretrial stage.
Who Can Drop Criminal Charges in California?
Once criminal charges have been filed, the decision is generally no longer controlled by the person who originally reported the alleged crime.
The prosecutor represents the government and determines whether to continue pursuing the charges. A court can also dismiss charges in certain circumstances permitted by California law.
California Courts explains that cases can end before trial through several different processes, including negotiated resolutions, motions, diversion, and dismissal. If the case is not resolved and the charges are not dismissed, it generally continues toward trial.
This means a defense attorney typically cannot simply “drop” a charge. Instead, the defense can identify weaknesses, raise legal challenges, present favorable evidence, and advocate for an outcome that may include dismissal or reduction of charges.
Insufficient Evidence Can Affect Whether Charges Continue
The prosecution carries the burden of proving a criminal charge.
As defense attorneys investigate a case, they may discover that the evidence does not support the allegations as clearly as the original police reports suggested.
For example, witnesses may provide conflicting accounts. Surveillance video may contradict an allegation. Phone records, text messages, financial records, photographs, GPS information, or other digital evidence may change the timeline of events.
Physical evidence may also fail to establish an important connection between the accused person and the alleged crime.
When significant weaknesses become apparent, the defense may present those issues to the prosecution and argue that continuing to pursue the charge is not supported by the available evidence.
Witness Problems Can Change a Criminal Case
Witness testimony can be extremely important in a criminal prosecution, but witness-related issues are rarely as simple as whether someone still wants the case to continue.
A witness may change their account, provide statements that conflict with earlier reports, become unavailable, or have credibility issues that affect the prosecution’s case.
However, the unwillingness of a complaining witness to participate does not automatically cause charges to disappear.
Prosecutors may sometimes continue a case using other evidence, including photographs, surveillance footage, recordings, police observations, medical records, digital communications, or testimony from other witnesses.
A defense attorney therefore evaluates the entire evidence picture rather than assuming the case depends entirely on one person’s cooperation.
Evidence May Be Challenged Before Trial
Another major part of pretrial defense work involves determining whether evidence can legally be used against the defendant.
California criminal procedure allows defendants to file motions asking the court to resolve legal issues before trial. One example is a motion to suppress evidence obtained through an allegedly unlawful search or seizure. California Courts specifically identifies suppression motions as one type of issue that may be litigated during the pretrial stage.
If important evidence is excluded, the prosecution may be left with a significantly weaker case.
For example, imagine that a charge depends heavily on drugs, a weapon, electronic communications, or another item discovered during a disputed search. If a court determines that the evidence cannot be used, prosecutors may have to reevaluate whether they can still prove the charge.
A successful motion does not automatically result in dismissal in every case. The prosecution may have other admissible evidence available. The importance of the ruling depends on the facts of the individual case.
Felony Charges May Be Challenged at a Preliminary Hearing
Felony cases generally include a preliminary hearing before trial.
At this hearing, the prosecution presents evidence and a judge determines whether sufficient evidence exists for the case to continue. The preliminary hearing is not a trial and does not determine guilt or innocence.
If the judge determines that the prosecution has not presented enough evidence to support a particular charge, that charge may not move forward in the same way.
For that reason, the preliminary hearing can become an important opportunity for the defense to challenge the government’s theory, question witnesses, and learn more about the evidence prosecutors intend to rely upon.
Diversion Can Sometimes Lead to Dismissal
Some defendants may qualify for diversion programs that allow a case to be resolved without a traditional conviction.
Eligibility depends heavily on the charge, the defendant’s history, and the type of diversion program involved.
For example, California law permits courts in qualifying misdemeanor cases to place defendants into misdemeanor diversion. When the defendant successfully completes the required terms and conditions, the court is directed to dismiss the action.
Other forms of diversion may apply in specific circumstances.
Diversion should not be confused with winning a case through a factual or constitutional challenge, but it can provide another path through which eligible criminal charges may ultimately be dismissed.
Can a Judge Dismiss Criminal Charges?
California law also gives courts dismissal authority in certain circumstances.
However, dismissal is not simply available whenever a defendant requests it. The legal basis, timing, evidence, procedural history, and applicable statutes all matter.
This is one reason criminal defense requires more than simply arguing that a charge is unfair. An attorney must identify a legal or factual basis for challenging the prosecution and determine which motions, hearings, negotiations, or other procedures are appropriate.
Why Early Investigation Matters
A criminal complaint represents the prosecution’s allegations. It does not necessarily contain the entire story.
Strong pretrial defense work often begins with independently examining the government’s evidence and looking for information that may have been overlooked.
That may include reviewing:
- Police reports
- Body-worn camera footage
- Surveillance video
- Search warrants
- Witness statements
- Text messages and emails
- Phone and location records
- Photographs
- Medical or forensic evidence
- Financial records
- Expert opinions
The objective is to understand not only what evidence exists, but whether it is reliable, admissible, complete, and capable of proving every required element of the offense.
Facing Criminal Charges in Los Angeles?
There is no guarantee that criminal charges will be dismissed before trial. Every case depends on its evidence, legal issues, and individual circumstances.
However, being charged with a crime does not mean the prosecution’s original version of events will go unchallenged.
Simmons & Wagner approaches criminal cases with the perspective of former prosecutors who understand how government cases are investigated, evaluated, negotiated, and tried. Their attorneys have more than 56 years of combined prosecutorial experience and more than 200 jury trials between them.
If you are facing criminal charges in Los Angeles, early investigation may uncover weaknesses, legal challenges, or other options that can significantly affect how the case proceeds.
Contact Simmons & Wagner to schedule a confidential case evaluation and discuss the defense strategies that may be available in your situation.