Dropping Charges in Texas Criminal Cases

Facing criminal charges in Texas can be overwhelming, but it’s important to know that not all cases lead to conviction. In certain situations, charges could be dropped before or even during the trial process. Understanding the circumstances under which charges can be dropped can help you understand what to expect when facing criminal charges and what needs to be done to give you the best chance of resolving your criminal defense case without going to trial. 

Why Would Charges in Texas Criminal Cases Be Dropped?

There are several reasons criminal charges could be dropped in a Texas criminal case. Understanding these common scenarios can help you recognize when charges might be dismissed and what steps to take to improve your chances of having them dropped. The following are some of the most common scenarios in which this could occur: 

Insufficient Evidence

One of the most common reasons charges are dropped is due to insufficient evidence. If the prosecution does not have enough reliable evidence to prove your guilt beyond a reasonable doubt, they may decide to drop charges before going to trial.  Alternatively, if the prosecutor cannot provide enough evidence at a preliminary hearing, the judge may dismiss the case. This can happen if evidence is missing, witnesses are uncooperative or their testimonies are unreliable, or if there are flaws in how the evidence was collected.

Successful Motion to Suppress

A motion to suppress is a legal request your defense attorney makes to have certain evidence excluded from being presented in court. If your lawyer can demonstrate that the evidence was obtained illegally, like drugs obtained through an unlawful search or seizure, the judge may grant the motion to suppress. Without this evidence, the prosecution’s case will be weakened significantly, often leading to charges being dropped.

Uncooperative or Unavailable Witnesses

Witnesses play a crucial role in criminal cases by providing testimony that can either support or undermine the prosecution’s case. If either victims or eyewitnesses are uncooperative, refuse to testify, or are unavailable to appear in court, the prosecution will struggle to build a strong case against you. The absence of essential witness testimony can lead to the dismissal of charges due to the inability to prove the case.

Plea Bargaining

Plea bargaining is a negotiation process between the defense and the prosecution where the defendant agrees to plead guilty to a lesser charge in exchange for the dismissal of more serious charges. This defense strategy can be beneficial for both parties: the prosecution secures a conviction without going to trial, and the defendant receives a reduced sentence. Successful plea bargaining can result in certain charges being dropped as part of the agreement.

Pretrial Diversion Programs

Pretrial diversion programs offer an alternative to traditional criminal prosecution for certain offenders, particularly those with first-time or non-violent offenses. These programs may include requirements such as community service, counseling, or other forms of rehabilitation, like substance abuse treatment.  Upon successful completion of the program, the charges against the defendant can be dismissed. This allows individuals to avoid a criminal record while addressing the underlying issues that contributed to the offense.

Victim’s Request

In some cases, the wishes of the victim can influence whether charges are dropped. If the victim decides not to pursue the case or does not want to testify, the prosecution may lack the necessary support to proceed. While the final decision rests with the prosecutor, the victim’s stance can significantly impact the likelihood of charges being dismissed, especially in cases requiring victim cooperation for conviction. Ultimately, factors such as the severity of the offense and the defendant’s circumstances can influence the prosecutor’s decision to drop charges.

Contact the Texas Criminal Defense Attorneys at Barton & Associates Attorneys at Law. Call us at (210) 500 0000

For more information, please contact Barton & Associates Attorneys at Law, a Corpus Christi criminal law firm located in Texas.

Barton & Associates Attorneys at Law, PLLC San Antonio
922 S Alamo St,
San Antonio, TX 78205
(210) 500 0000

Barton & Associates Attorneys at Law, PLLC Corpus Christi
5110 Wilkinson Dr Suite 210,
Corpus Christi, TX 78415
(361) 8006 780