[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/www.brodenmickelsen.com\/blog\/tx-case-dismissed\/#BlogPosting","mainEntityOfPage":"https:\/\/www.brodenmickelsen.com\/blog\/tx-case-dismissed\/","headline":"How Do I Get My Texas Criminal Case Dismissed?","name":"How Do I Get My Texas Criminal Case Dismissed?","description":"Texas criminal defense lawyers explain how to get your TX criminal case dismissed. When you\u2019re facing a criminal prosecution in Texas, it\u2019s natural to be curious if there\u2019s a possibility of prosecutors dropping the charges against you. Most people charged with a crime have a lot of questions. Is there a difference between a dropped...","datePublished":"2020-05-31","dateModified":"2023-06-08","author":{"@type":"Person","@id":"https:\/\/www.brodenmickelsen.com\/blog\/author\/broden-mickelsen\/#Person","name":"Mick Mickelsen","url":"https:\/\/www.brodenmickelsen.com\/blog\/author\/broden-mickelsen\/","identifier":16,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/30690d9f76c45bf5d61434169e78762d673b1ac9b949489cf69f1c78d567fc27?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/30690d9f76c45bf5d61434169e78762d673b1ac9b949489cf69f1c78d567fc27?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"Broden, Mickelsen LLP","logo":{"@type":"ImageObject","@id":"https:\/\/www.brodenmickelsen.com\/wp-content\/uploads\/2022\/08\/Broden-and-Mickelsen-Logo.png","url":"https:\/\/www.brodenmickelsen.com\/wp-content\/uploads\/2022\/08\/Broden-and-Mickelsen-Logo.png","width":378,"height":77}},"image":{"@type":"ImageObject","@id":"https:\/\/www.brodenmickelsen.com\/wp-content\/uploads\/2020\/05\/BRODEN-MICKELSEN-Dallas-Criminal-Appeals-Attorneys.jpg","url":"https:\/\/www.brodenmickelsen.com\/wp-content\/uploads\/2020\/05\/BRODEN-MICKELSEN-Dallas-Criminal-Appeals-Attorneys.jpg","height":777,"width":1024},"url":"https:\/\/www.brodenmickelsen.com\/blog\/tx-case-dismissed\/","about":["Criminal Defense"],"wordCount":895,"articleBody":"Texas criminal defense lawyers explain how to get your TX criminal case dismissed.When you\u2019re facing a criminal prosecution in Texas, it\u2019s natural to be curious if there\u2019s a possibility of prosecutors dropping the charges against you.Most people charged with a crime have a lot of questions. Is there a difference between a dropped charge and a charge that\u2019s dismissed? Will this affect your criminal record? An experienced Texas criminal defense lawyer can help you answer all of these questions.Who Can Drop Criminal Charges?It\u2019s important to note that only the prosecutor of a case can drop a criminal charge; it must be the prosecutor who chooses not to proceed with the case. By contrast, the victim of a crime doesn\u2019t have the authority to drop a charge. For example, if a victim of Texas domestic violence calls the police, leading to a significant other\u2019s arrest, the victim can\u2019t later decide to drop the charges. Only the prosecutor can make this call.Read more on this topic: https:\/\/www.brodenmickelsen.com\/blog\/dallas-domestic-violence-lawyers-perspectiveYou must also remember that a dropped charge is different from a case that gets dismissed. When a prosecutor chooses to drop criminal charges, it may be due to a lack of evidence necessary to bring a successful case.In other cases, the defendant\u2019s criminal defense lawyer raises an issue early in the case that casts serious doubts on the prosecution\u2019s side of the case. It\u2019s also possible for a prosecutor to drop charges because a key witness is suddenly unavailable or unwilling to provide testimony.Dropped Charges vs. Dismissing a CaseIn both a dropped charge case and a case that was dismissed, the defendant is permitted to walk free from the case. However, a prosecutor can drop a charge at any point in the prosecution, including before charges are actually filed against the defendant. For example, a prosecutor may choose to drop charges after a grand jury determines that there is insufficient evidence to prosecute the subject of a criminal investigation.By contrast, a court or prosecutor can only dismiss a case once charges have been filed. In cases where a criminal case has been filed, the prosecutor may move to dismiss a case due to insufficient evidence or a procedural issue, or the court may be required to do the same on its own motion.6 Reasons a Prosecutor May Drop Criminal ChargesThere can be numerous reasons why a prosecutor decides to drop charges against a criminal defendant. The reality is that not every criminal case moves forward. If a prosecutor\u2019s case is on shaky ground, they may not always let the defendant know that they\u2019re questioning the validity of the case. This is why it\u2019s important for criminal defendants to work with an experienced Texas criminal defense lawyer.Lack of Evidence \u2013 In some cases, prosecutors simply don\u2019t have enough evidence to prove the elements of the alleged crime. In these types of cases, it may take the defense lawyer filing a motion to dismiss the case due to a lack of evidence. However, there are situations in which a prosecutor will drop the charges on their own.Unlawful Search or Seizure \u2013 Police can\u2019t violate an individual\u2019s right to be free from unreasonable searches and seizures of property under the Fourth Amendment. Criminal cases can be, and often are, dismissed due to police violations of citizens\u2019 constitutional rights.Under the \u201cfruit of the poisonous tree\u201d doctrine, even evidence that allegedly proves a defendant\u2019s guilty can\u2019t be included in the prosecution\u2019s case if it was obtained by unlawful means. This can result in prosecutors being forced to drop charges against a defendant.Procedural Mistakes \u2013 Police and prosecutors must also comply with specific procedures put in place regarding criminal proceedings, such as a suspect\u2019s arrest, criminal booking, police questioning, and arraignment. If the defendant\u2019s rights are violated during this process, it has the potential to invalidate the case against them.Crowded Criminal Docket \u2013 Many people are surprised to learn that prosecutors sometimes drop charges because they don\u2019t have enough time to handle all the cases on the court\u2019s docket. This can sometimes result in a relatively minor charge being dropped as a prosecutor\u2019s way of freeing up some time to handle more serious cases.Witness Unavailability \u2013 If a criminal case turns on the testimony of a witness, the whole case could crumble if that witness suddenly becomes unavailable or decides not to cooperate with prosecutors.Defendant Cooperation \u2013 It\u2019s possible for prosecutors to drop charges against a criminal defendant if the person has valuable evidence that can help prosecutors in a separate case. In this case, prosecutors are likely to offer the defendant a cooperation agreement that says prosecutors will drop the charges against the defendant in exchange for the defendant\u2019s cooperation in another case.Contact a Texas Criminal Defense Lawyer About Your CaseIf you have been charged with a crime in Texas, it\u2019s important to work with a reputable and experienced criminal defense lawyer in Dallas. If you want to call our law firm, don\u2019t hesitate to discuss your options with a Broden & Mickelsen, LLP Texas criminal defense attorneys.Sources:https:\/\/www.law.cornell.edu\/constitution\/fourth_amendment"},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Blog","item":"https:\/\/www.brodenmickelsen.com\/blog\/#breadcrumbitem"},{"@type":"ListItem","position":2,"name":"How Do I Get My Texas Criminal Case Dismissed?","item":"https:\/\/www.brodenmickelsen.com\/blog\/tx-case-dismissed\/#breadcrumbitem"}]}]