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  • Writer's pictureAttorney Joseph Soler

Why won't the State drop my charges?

The best result that anybody can obtain is the State dropping all charges. The State may have many reasons to consider dropping charges against you. The most frequent reason charges are dropped is that the State has insufficient evidence to prove the charge beyond a reasonable doubt. This can mean there is not enough physical evidence, certain witnesses are unavailable or not willing to cooperate, or the evidence just does not exist.

Prosecutors may also have different reasons to drop charges, such as there may be enough evidence, but the victim does not want to proceed; the person facing criminal charges may have valuable information regarding other cases; or the person is acting as a confidential informant.

There are a few ways that the State can "drop" a charge. The easiest way to get a charge dropped is to convince the State that they do not have a case in the first place. If they cannot prove the charge beyond a reasonable doubt, it will be declined. If the State has already filed charges, it is generally more difficult to get things dropped. Dropping charges after they have been filed is called a nolle prosequi. This will generally only happen when there has been a change in circumstances that prevents the State from proving a charge at trial.

Another way for charges to be "dropped," is to complete a pre-trial intervention program (PTI). If a pretrial intervention program is completed, the state will "administratively dismiss" the case.

For more information on attempting to get your charges dropped call Soler & Simon at (941) 444-5128 and visit our homepage here.

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