How do I convince the prosecutor to drop my charges?

You may convince the prosecutor to drop the criminal charges against you by:

1. presenting exculpatory evidence,
2. presenting evidence that supports a strong affirmative defense,
3. completing a pretrial diversion program,
4. testifying against another defendant, and/or
5. pleading guilty to a lesser offense.

1. Exculpatory evidence

One way to convince a prosecutor to drop the criminal charges against you is to provide evidence that you did not commit the crime.

Strong evidence that you are innocent, also known as exculpatory evidence, can make the prosecutor doubt their own case. They will know that, were the case to go to trial, you would present this new evidence to the jury to raise reasonable doubts about your guilt. The prosecutor would have to overcome this evidence in order to secure a conviction. If they think that they have insufficient evidence to do this, the prosecutor may decide to drop the charges instead.

Exculpatory evidence can come in many forms. Some examples are:

• testimony that you were not at the scene of the crime, also known as an alibi,
• evidence that the crime was committed by someone else, and
• communications that you had with the alleged victim that indicate that you did not commit the offense.

Our criminal defense attorneys have found that showing law enforcement sufficient evidence of your innocence is one of the best ways to get charges dropped. Doing it at an early court date can reduce the stress and costs of facing criminal charges.

2. Evidence of a defense

You can also convince the prosecutor to drop the charges against you by offering evidence that you have a strong legal defense.

Some common legal defenses are:

• self-defense,
• defense of someone else,
• lack of probable cause for the arrest or investigation,
• there was a violation of your constitutional rights, like a police officer conducting an illegal search,
• false allegations,
• duress,
• necessity, and
• mistake of fact.

For example, if you are facing assault charges in California but you acted in self-defense, then according to the California Criminal Jury Instructions you would offer evidence that you:

Reasonably believed that you were in imminent danger of suffering bodily injury, that immediate use of force was necessary to defend yourself, and that you used no more force than was reasonably necessary.[1]

3. Pretrial diversion program

In some cases, a pretrial diversion program may be available. If you complete the program, the prosecutor will drop the charges against you.

Not all diversion programs are the same. However, they generally follow these steps:

1. you and the prosecutor agree to use diversion to resolve your case,
2. you plead guilty to the charges,
3. the judge suspends the sentence,
4. you participate in the diversion program, and
5. if you complete the program successfully, the prosecutor drops the charges and the judge seals the case.

If you fail to complete the program, the judge would impose the sentence that had been suspended.

A diversion program is not always available, though. It depends on:

• the criminal charges,
• the jurisdiction where the charges are filed, and
• your criminal background.

For example, most diversion programs are only available to first-time offenders. They are generally only for certain offenses, like driving under the influence (DUI) or shoplifting.

The criminal lawyers at our law firm have found that, when it is available, diversion is often a good way to resolve a criminal case. However, you have to take the diversion program seriously. Failing it often means that your case goes directly to sentencing and you cannot raise legal defenses to the charge.

4. Testifying against another defendant

In some cases, you can persuade the prosecutor to drop the charges against you by agreeing to testify against another defendant. This generally only happens if you were charged for participating in a criminal enterprise involving numerous people. You would also typically have to provide enough evidence to be one of the prosecutor’s key witnesses.

Our criminal defense lawyers have found that this way to get the charges dropped is not as simple as it might seem. It is not uncommon for prosecutors to accuse cooperating witnesses of not providing enough evidence against their codefendant to support the prosecution’s case.

5. Taking a plea deal

You can also get the district attorney to drop criminal charges against you by pleading guilty to lesser or different offenses. Our defense lawyers have found that this is likely the most common way to get charges dropped.

For example: Mark is facing a domestic violence charge and one for misdemeanor drug possession. He offers to make a guilty plea to the drug possession charge in exchange for having the domestic violence case dropped.

It is important to note that it is the prosecutor’s decision whether to accept a plea deal or to press charges and go further into the legal system.

What can make a prosecutor drop charges

Prosecutors typically do not want to drop criminal charges. However, they can be persuaded to drop yours if you can show them that:

• they are unlikely to prove their case against you at trial,
• pursuing the charges and going through the legal process is a waste of their time,
• a jury is likely to find you not guilty,
• the charges are minor and your lack of a criminal record make you better suited for a resolution outside of the criminal justice system, and/or
• you are willing to take a plea bargain to end your case quickly and free up the resources of the district attorneys’ office.

Legal Citations:

[1] California Criminal Jury Instructions (CALCRIM) No. 3470.