Being convicted of a misdemeanor or felony crime in Harris County can have serious consequences. You could find yourself facing hefty fines as well as jail time. In addition, the conviction will appear on your permanent record. This could make it challenging to find a job, get credit, or attend the school of your choice.
However, just because you’ve been charged with a misdemeanor or felony crime in Houston doesn’t mean you’re going to be convicted. The case against you might not be as open and shut as you think. In some instances, it may even be possible for your attorney to convince a prosecutor to drop the charges against you.
Why would a prosecutor drop or dismiss the charges against a suspect? In order to get a conviction in Texas, the prosecutor must convince a jury, beyond a reasonable doubt, that a defendant is guilty of the charges against them. This can be difficult, especially in cases where a defendant has skillful legal representation. If the prosecutor decides they can’t get a jury to convict, they may opt to drop the charges
Six Reasons A Prosecutor May Decide To Drop Charges In A Criminal Case
Under what circumstances would a prosecutor drop the charges against a suspect? There can be many reasons:
Lack Of Evidence
The prosecutor may decide to drop the charges if there isn’t enough evidence to prove to a jury, beyond a reasonable doubt, that the defendant committed the crime they’ve been accused of.
Exculpatory Evidence
This is evidence that shows the defendant may not have committed the crime they’ve been charged with. Exculpatory evidence places doubt in the minds of a jury, making it difficult or impossible to get a conviction.
The Alleged Victim Refuses To Cooperate
In Texas, the victim of a crime cannot drop the charges against a defendant; only a prosecutor may do so. However, prosecutors may drop charges in cases where the victim does not want the case to go forward or refuses to cooperate with the prosecutor. This sometimes happens with family violence charges.
The Suspect’s Rights Were Violated
No matter the crime, suspects have rights protected under the United States Constitution. This includes the Fourth Amendment, which protects individuals from unreasonable searches or seizures, the Fifth Amendment, which protects individuals against forced self-incrimination, and the Sixth Amendment, which gives individuals the right to legal counsel.
The Defendant Is A First Time Offender
The prosecutor may decide to drop charges if you are a first-time offender.
The Defendant Makes a Plea Arrangement
The prosecutor may decide to drop the charges against a suspect in exchange for their cooperation in another criminal case, reduce the charges to a lesser offense if the defendant agrees to a guilty plea, or agree to deferred adjudication or pretrial diversion.
Convincing A Prosecutor To Drop The Charges Against You
If you’ve been charged with a crime in Harris County, it’s important to hire an experienced criminal defense attorney to represent your case. They’ll assess the evidence against you as well as examine the circumstances that led to your arrest to determine any flaws or mistakes in the prosecution’s case. If they can show that your rights were violated during your arrest, or that there is exculpatory evidence contradicting the state’s case, they could very well convince the prosecutor to drop the case against you.
Criminal Defense Attorney Lisa Shapiro Strauss Is Here To Protect Your Rights
There are very few open and shut criminal cases. To avoid conviction, you need an attorney with the knowledge, skills and dedication to recognize and take advantage of any mitigating circumstances that could be used to convince a prosecutor to drop the charges against you.
Lisa Shapiro Strauss is a former County DA turned Houston criminal defense attorney. This experience gives her a unique perspective few other criminal defense attorneys possess. She knows the tactics the prosecution will use to get their conviction and how to craft effective defense strategies against their charges. Lisa’s skillful representation often results in reduced charges, dropped charges, or dismissed charges for her clients.
Contact the law office of Lisa Shapiro Strauss through our website, or call (713) 429-7310 to schedule a free initial consultation to discuss your case.
