Can Criminal Charges Be Dismissed Before Trial in California?

Navigating the criminal justice system in California often involves the possibility of pre-trial dismissal. Understanding this process and whether your charges can be dismissed before your trial is important to protect your rights. Continue reading and work with a skilled Red Bluff criminal lawyer for experienced representation today.

What Does a Dismissal Mean?

A dismissal means that the criminal charges against the defendant are formally dropped and the case is terminated before the case proceeds to trial or is completed. The defendant is no longer facing prosecution for those specific charges.

Can Criminal Charges Be Dismissed Before Trial in CA?

Yes, criminal charges can be dismissed before trial in California. This is a common outcome and an important part of the pre-trial process. In general, from the moment that charges are filed all the way up until the trial begins, there is a chance the charges will be dismissed.

Dismissals often occur at crucial stages of the legal process. For misdemeanor cases, this can happen at the arraignment or during pre-trial conferences. For felony cases, opportunities arise after the preliminary hearing or through motions filed with the superior court before trial preparation is finalized. The timing depends on how the defense attorney and the prosecution proceed through negotiations and court filings.

What Are the Most Common Reasons Charges Get Dismissed?

The most common reasons for the dismissal of criminal charges before trial often relate to deficiencies or issues in the evidence or violations of the defendant’s constitutional rights. Consider the following.

1. Insufficient evidence: If the prosecuting attorney determines that the available evidence is too weak, unreliable, or insufficient to prove the case beyond a reasonable doubt, they may voluntarily move to dismiss the charges. This can happen after a deeper investigation, the suppression of evidence, or the inability of witnesses to testify. For felony cases, if the judge rules at the preliminary hearing that there is not enough probable cause to hold the defendant for trial, the case can be dismissed.
2. Constitutional violations (suppression of evidence): If a defendant’s rights were violated (for example, an illegal search and seizure, a coerced confession, or a lack of legal counsel) the defense can file a motion to suppress the illegally obtained evidence under Penal Code § 1538.5. If the suppressed evidence is critical to the prosecution’s case, the remaining charges often cannot be proven, leading to dismissal.
3. Negotiation and diversion: In some cases, the prosecution may agree to dismiss charges in exchange for the defendant’s completion of a court-mandated treatment program, community service, or another form of deferred entry of judgment/diversion. Once it has been successfully completed, the charges can be formally dismissed.
4. Procedural errors or technicalities: While less common, dismissals can occur due to errors like a violation of the defendant’s right to a speedy trial, missing crucial deadlines, or other technical defects in documentation.

For more information and assistance in getting your charges dismissed, contact a skilled attorney at Cohen Criminal Law today.