Those accused of felony crimes face serious consequences if convicted. New Jersey imposes an assortment of different penalties for felony convictions of varying severity. Those facing allegations of illegal behavior may hope to defend against those charges.
However, going to court can be stressful, time-consuming and expensive. The fastest positive solution to pending criminal charges involves the dismissal of the allegations against the defendant. Essentially, the prosecutor agrees to cease their attempts to convict the defendant. Dismissed charges do not result in a criminal record or any other major consequences for the defendant.
When can defendants accused of New Jersey felonies secure the dismissal of their pending charges?
After violations of their rights
Federal rules governing police behavior are very clear. Police officers have to uphold the rights of individuals and comply with the law.
The courts may dismiss pending criminal charges in cases where defense attorneys can show that police officers violated the rights of their clients or broke the law while investigating a crime. Inappropriate searches and seizures or other Constitutional violations can lead to dismissed charges.
In cases with insufficient evidence
Prosecutors need evidence that establishes beyond a reasonable doubt that a crime occurred. Prosecutors may sometimes try to bring charges when they don’t have enough evidence in the hopes that the defendant may plead guilty. In cases where prosecutors do not have enough evidence to prove that the defendant was the party who broke the law, they may dismiss the charges before trial.
In cases with plea bargains and similar arrangements
Occasionally, a defense attorney may negotiate with state prosecutors for the benefit of their client. They may choose not to defend against the current charges if the prosecutor limits the information submitted to the courts or the penalties the courts impose.
It may also sometimes be possible to secure dismissed charges by working with police officers. Their cooperation with the state could help to address more serious issues. Defendants may be able to provide evidence about other criminal activity that can warrant the dismissal of their pending charges.
If the defendant qualifies for pretrial diversion programs
Those in specific circumstances, such as those accused of crimes related to a substance abuse disorder, may be eligible for specialty court proceedings or pretrial diversion programs. They can avoid traditional criminal prosecution by pursuing alternative forms of adjudication and pretrial diversion. Successful completion of those programs can result in the courts dismissing the pending charges.
In qualifying circumstances, defense attorneys may secure the dismissal of pending felony charges by filing a motion with the courts. Learning more about the options available when accused of breaking the law can help people respond appropriately. The best criminal defense strategy might require action before the case ever goes to trial.