Law and enforcement are there for the wellbeing of the citizen. When the citizen of a state or a country remains safe and secured, the productivity boosts. Hence it is essential to have a clear idea about the law and enforcement of the place where you live. Many of us do not know about the difference between case dismissed Vs. Charges dropped.
This is why we bring you this article about the difference between charges dropped and the case’s dismissal. Because you never know when you need a lawyer to defend you. Having ideas about the law can help you as leverage. You will know which lawyer to go to and instruct him or her on the correct path. But do consult a lawyer because a lawyer would know which way to dive in.
Difference between Case Dismissed vs. Charges Dropped
There are some significant differences between charges being dropped and the dismissal of cases. This difference can create considerable confusion among many people. Knowing the difference from before will help you be more confident about the law and enforcement, and you can easily direct your lawyer.
If you or your loved ones get arrested or even get a charge with something, you will know what actions to take. This will also make some part of your lawyer’s work easy. So let’s see the differences.
Dismissing a case lies in the hand of the judge. For example, if you are charged with some crime before the case goes into a trial, you will have a hearing. A prosecutor can only file a case against you when the prosecutor feels that s/he has enough evidence to press the charge.
The charge will go to its first hearing, where the judge will evaluate all the prosecutor’s evidence. If the judge finds that the evidence is enough, then the case will go on trial after the preliminary hearing.
On the contrary, if the judge finds out that the evidence is not enough to charge the convict, the judge will dismiss it. Case dismissal only occurs when charges are filed.
Dropping charges is a step that comes before going to the court, and it depends on evidence, the prosecutor, and the officer in charge. For example, if some get arrested, but no one filed a charge for various reasons.
The reason can be insufficient evidence, the prosecutor refuses to recognize the convict, or new information is not supporting the prosecutor. Then the prosecutor or officer in charge can drop the charge.
You have to keep it in mind that only the prosecutor and officer in charge of the case can drop charges. This is not in the hand of the judge, but a judge can dismiss a case.
How to get charges dropped before the court date?
It is possible to get your charges dropped before going to the court for trial. The first thing that you require is a lawyer to defend you. Lawyers are professionals who know about and enforcement about a particular place.
A lawyer can look through your case and study the legitimacy of the evidence-based on which the prosecutor charged you.
A charge can be dropped due to the following factors, and they are
No reason to arrest
Before the police arrest you, they need sufficient cause to arrest. Without adequate cause, police cannot arrest a person based on guesses or feelings. An officer requires reasonable causes to arrest someone if the police find an eye witness who explained the bodily feature or describes some signs based on which police can arrest a person if the symbols match.
Mishaps in charging document
When a charge is filed on someone, the officer in charge must write the criminal complaint under a specific oath that the document’s content is real. But if the charge has some wrong information and for some uncertain reason, if the document is un-editable, then the prosecutor has to drop the charge.
Evidence is not satisfactory
When a person is charged for some crime, the prosecutor must have sufficient and robust evidence to take the case further. In many cases, the prosecutor files a case and ensures that the person on whom the charges are filed is locked up. But later on, when the prosecutor fails to present sufficient evidence, either the existing officer can drop the charge.
In many cases, the description of the eye witness may not match with the defendant. In some cases, the eye witness can refuse to come to the court, or the eye witness can be absent for many reasons. Further, In cases like that, the prosecutor may have to drop the charge.
Consult with a lawyer
If you are charged with a crime, then it is essential to consult a lawyer. A lawyer can find out many legit loopholes and reasons for the prosecutor to drop the charge. There are some reasons for dropping a charge, but there can be more facts that only a lawyer can find out and help you get out of trouble.
Many of us may not bother about the law and enforcement of our nation, but there can be a case where you mistakenly get a charge for a crime. In a situation like that, only a lawyer can be very useful assistance.
If you have some ideas about how things work in the regime of law, you can always guide your lawyer or know how to get a lawyer who can help you with their best.
The eye is merciless, but justice works in favor of the truthful one. And a good lawyer can make things work in your favor.