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Rolando Cantu is the founding attorney of the Law Office of Rolando D. Cantu. He is committed to providing aggressive and high level legal representation—successfully defending clients charged with state and federal criminal offenses. He works on every case as a priority with personal attention, while prioritizing their needs. 

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515 Pecan Blvd. McAllen,

Texas, United States 78501
Tel.  +1 956-267-9898 

How Often Are Felony Charges Dropped?

Mar 08, 2024

How Often Are Felony Charges Dropped?: Understanding the Process

According to the statistics, around 8.2% of federal criminal charges are withdrawn at some point of the criminal process. This indicates the possibility of dismissal, however, each case is unique with various factors that affect the outcome.


Felony offenses can take away your life as you know it and saddle you with the burden of major penalties, such as a prison sentence that can range from several years to life imprisonment. In the maze of the legal system, it is important to have an understanding, from the stage the charges are brought to the point at which these charges are no longer applicable. The road of a felony charge in Texas and the US is complicated and is marked with many legal moves which can be critical in determining the final outcome.

  • The Reality of Felony Charges Being Dropped
  • When Are Felony Charges Dropped?
  • The Role of a Criminal Defense Attorney
  • Factors Influencing the Decision to Drop Charges
  • Can Your Felony Charges Be Dropped?
  • The Importance of Legal Representation
  • Conclusion

The Reality of Felony Charges Being Dropped

Felony charges hold the most serious status in criminal offenses carrying cases like aggravated assault, drug trafficking and others. The verdict to file a felony complaint is determined by the prosecutor who carefully examines the cases to gather enough proof of this for a conviction in the court. In this stage, the integrity of the evidence, the credibility of the witness and the seriousness of the criminal offenses are all critically inspected.


In this situation, a seasoned criminal defense attorney is from the list of the things that you need to battle for a successful case, providing expertise and tactical planning needed to increase the possibility of a favorable decision.


Related: How Many Times Can a Felony Case be Reset? All You Need To Know

When Are Felony Charges Dropped?

The statistic offers a glimmer of hope to those entangled in the legal system, suggesting that a dismissal of charges is not just possible but relatively common. Charges can be dropped for various reasons, including:


  • Insufficient Evidence:  To secure any criminal prosecution, evidence is the building block. If the proof is not compelling to the point that the charges cannot be proven beyond a reasonable doubt (example, there isn't enough evidence), then the District attorney may dismiss the charges.
  • Unlawful Search and Seizure: Also, in case the evidence was acquired without observing the person's rights, it could be rejected by a court, leading to charges being dismissed.
  • Illegal Arrest: All forced detentions must follow correct protocols. If Law Enforcement Violated Procedure, such as arrest without a probable cause or a warrant, charges may be dismissed.
  • Witness Issues:  Leads to the dismissal of the charges can be caused by key witnesses’ changing their testimonies or becoming absent can drastically weaken the prosecution’s case.
  • Resource Allocation: Limited resources and overcrowded courts force prosecutors to prioritize cases. Lesser offenses, particularly non-violent ones, may be deprioritized.
  • Plea Deals: Often, charges are dropped or reduced as part of a plea agreement or plea bargain - guilty plea normally - where the defendant agrees to plead guilty for a lesser offense.
  • Legal Challenges: Effective defense strategies, including challenging the admissibility of evidence, can result in charges being dropped.


Related: What Does Pressing Charges Mean?

The Role of a Criminal Defense Attorney

The journey from facing a felony charge to possibly having it dropped is fraught with legal complexities and strategic decisions. It is very important to hire a competent criminal defense attorney as soon as possible. These legal professionals can:


  • Evaluate the Case: Evaluate the strong and weak points of the prosecution case and what the best defense strategies are.
  • Negotiate Plea Deals: Skillfully deal with the prosecutors in order to possibly get the charges minimized or a more acceptable plea deal.
  • Advocate in Court: Give the judge a reason to dismiss the case by arguing against the prosecution's evidence and appealing to the defendant's rights.

Factors Influencing the Decision to Drop Charges

Several factors can influence a prosecutor's decision to drop felony charges, including but not limited to:Several factors can influence a prosecutor's decision to drop felony charges, including but not limited to:


  • Evidence Strength: While quantity and quality of evidence is in the hands of the prosecutor, it may be an important factor that determines whether the prosecution's case is successful or not.
  • Case Priorities: The strategic attention to the cases that are the most serious and the ones where the most convicted defendant is well,the most likely to be convicted.
  • Defendant's Background: First time offenses and also with the accidents extenuating factors, may be viewed with a kind heart, provided they are not very severe.
  • Legal Strategies: Prosecution's case is very vulnerable when the defense strategy successfully contests it, and charges are then dropped, respectively.

Can Your Felony Charges Be Dropped?

There are a number of felony cases that can be reduced to misdemeanors instead of having the charge completely dropped due to factual or procedural errors.


Although felony charges bring a great weight upon your shoulders, there are avenues that you can take in order to have these charges dropped or reduced. The art of strategic legal defense, negotiation, and compliance with any procedures of the law has got to grant the defendants a favorable outcome. Factors like the accused's history, the precise factual circumstances, and the level of legal representation competence become crucial in the final sentence.


People whose cases have the charges of a felony in front of them are expected to blend their understanding of the legal process as well as getting to know charges can be dropped, and then also work closely with a competent defense attorney. Here are a few steps to enhance your chances:


  • Stay Informed: Understand the charges against you and the legal processes involved.
  • Engage Legal Help: Consult with a criminal defense attorney to discuss your case and explore your options.
  • Follow Legal Advice: Work hand in hand with your lawyer by following their recommendations and playing along with their structure in the case.

The Importance of Legal Representation

Ensuring a competent federal criminal defense lawyer or getting yourself an attorney in drug crimes or other relevant areas is central. These professionals do everything from finding the gaps in the criminal justice system to fighting to ensure that justice prevails. If it is the matter of the leg-related flaws, the requests for deals or the representation of clients in a court, then a qualified lawyer can be your better help.

Conclusion

The path of a felony charge from being criminally charged to the legal system is a long journey of unrest. While the charges are most likely to be dismissed, the strategy provided by the attorneys through defense gives the despondent an option. If you're going through felony charges, you should opt for legal assistance right off the bat from a professional attorney. This is if you have the right lawyers, you can face the future hurdles and work out a solution that will have as little effect on your life as possible.


Rolando Cantu is a respected criminal defense lawyer, with years of experience under its belt and proven success in representing clients facing felony charges. The Law Office of Rolando Cantu is versed in criminal law and has the necessary due legal talent that allows for the provision of effective representation at any criminal case. Feel free to call us now and book a meeting so that we can devise a legal strategy to defend you from the felony charges.

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