Thomas C. Grajek | April 8, 2025 | Criminal Defense
Only a prosecutor can decide to drop charges in criminal cases in Florida. A victim may decide that they no longer wish to pursue their criminal claim against the defendant, but they have no authority to do so. While there are a number of reasons why charges may be dropped, it is important to remember that this may not be a guaranteed or straightforward process.
Reasons Why Charges May be Dropped
When facing criminal charges, there are times when the case against you could be dismissed for one reason or another. A Florida criminal defense lawyer can guide you through the process as it occurs. One of these reasons is probably the most likely cause for why your charges are being dropped:
- The plaintiff no longer wishes to pursue charges.
- There are new developments in the prosecutor’s case.
- There is insufficient evidence.
- Your rights have been violated.
- Your charges are being dropped as a condition of a plea deal.
Whatever the reason, getting your charges dismissed means that your legal battle has ended, and you may not face further repercussions or accusations in most instances. However, it is important to note that even if your charges are dropped, they will still remain on your record unless you take steps to have your record sealed or expunged, in which case you would need to meet certain criteria.
A sealed or expunged record would ensure that it would stay private from the public. However, government entities would still be able to access it.
Dismissal Status Is Important
Criminal charges can be dismissed with or without prejudice. A dismissal with prejudice means that claims cannot be brought against you again in another branch of the court system.
Conversely, dismissal without prejudice leaves the option open for another lawsuit by the plaintiff on the same or similar grounds. It could even be filed with the same court. It is important to talk with your lawyer to understand your dropped charges’ status and options.
What Happens After Your Charges Are Dropped?
Once a prosecutor decides to dismiss the charges against you, you must wait for their decision to be approved by the court and processed. Depending on how quickly these steps take place, you are likely to be released or cleared within a day or two.
Your lawyer will be able to provide clarity on this and answer any questions you have about what comes next. They can also help ensure that the process proceeds smoothly and as quickly as possible so that you can be released
Your Criminal Defense Lawyer Will Fight for You Regardless of the Outcome
Having your case dropped is a best-case scenario when facing any criminal charges. Your lawyer will discuss the viability of this option when first hearing your case and advise on your options. In some circumstances, they may also be able to file for a dismissal. This may be more likely if your rights were violated in some manner during or after your arrest.
Regardless of how your case proceeds, your lawyer will never stop defending and fighting for you to receive the best outcome possible. They understand how stressful it can be to face criminal charges and will support you during this difficult time. Your lawyer will also help you navigate the criminal justice system and prepare for court and all that it entails.
Contact a Lakeland Crime Defense Lawyer at Thomas C. Grajek, Attorney At Law Today For Help
For more information, please contact the Lakeland crime defense attorneys at Thomas C. Grajek, Attorney At Law, for a consultation. We serve all areas in Lakeland, Polk County, and throughout Florida.
Visit our convenient location:
Thomas C. Grajek, Attorney At Law
112 E Poinsettia St
Lakeland, FL 33803
(863) 688-4606