Facing criminal charges can be overwhelming and daunting. One of the most pressing questions for defendants is whether their charges can be reduced or dismissed. This blog post explores the circumstances under which this might be possible, with a focus on Arizona law. We’ll discuss the role of the prosecution, the tactics they use, and the importance of having a knowledgeable defense attorney by your side.
The Role of the Prosecution
Prosecutors are required to charge individuals only when there is a good-faith basis to believe that there is probable cause that a crime was committed and that the defendant committed it. More importantly, the prosecution must have a good-faith belief that it has a real chance of prevailing on the charges at trial. Ethically, the prosecution should not file charges if it does not believe it can prove the case beyond a reasonable doubt.
However, a common tactic used by prosecutors is “overcharging.” This does not mean that they charge without probable cause or a realistic chance of prevailing at trial, but rather that they charge more than they actually expect to convict on. This tactic is used to put pressure on the defendant to negotiate for a non-trial resolution.
In Arizona, the sentencing scheme is mandatory. This means that once a person is convicted of a charge, the sentencing possibilities are predetermined. The more charges a defendant faces, the higher the likelihood of conviction and the more severe the potential consequences.
Given this reality, the answer to whether charges can be reduced is often yes. The prosecution may be willing to reduce charges as part of a plea deal to avoid the uncertainty and expense of a trial. Negotiations between defense attorneys and prosecutors can result in reduced charges, which can significantly lessen the potential penalties.
Dismissal of Charges
Dismissal of charges is more complex and can happen in two ways: by motion of the prosecution or by motion of the defense.
Prosecutorial Discretion
Prosecutors have the discretion to dismiss a case for any reason or no reason at all. This authority, known as prosecutorial discretion, allows prosecutors to decide whether to bring charges, which charges to bring, and how to pursue each case. To get the prosecution to dismiss charges, the defense must persuade them that dismissal is the appropriate outcome. This can be challenging since the prosecution typically believes that the charges are warranted. However, new information or evidence can sometimes lead the prosecution to reconsider. When prosecutors decide whether or not to file charges, they usually rely on the information relayed in police reports or during briefings with officers. Since police reports often support the officers’ charging decisions and perspectives, they may not present the full picture. Prosecutors often rely on defense attorneys to complete that picture during plea negotiations.
Defense Motion for Dismissal
When the defense seeks dismissal of charges, the goal is to convince the court that dismissal is warranted as a matter of law. This is an extremely difficult and rare occurrence. Common reasons for the court to dismiss charges, despite the prosecution’s objection, include:
- Statute of Limitations: The statute of limitations sets a time limit for how long after an event legal proceedings can be initiated. If this period has expired, the charges must be dismissed.
- Prosecutorial Misconduct: If the prosecution engages in misconduct so egregious that dismissal is warranted, such as destroying exculpatory evidence, tampering with witnesses, or engaging in vindictive or selective prosecution, the court may dismiss the charges. Fortunately, such misconduct is relatively rare because most prosecutors and law enforcement officers are generally decent people trying their best to do their jobs. However, in those rare occasions where the prosecution or the police are demonstrably violating the defendant’s rights, it is vital to present that information to the court and argue for dismissal.
Conclusion
Understanding the potential for reducing or dismissing charges is crucial for anyone facing criminal charges. While reducing charges through negotiation is often possible, getting charges dismissed is more challenging and requires a thorough understanding of the law and the specific circumstances of the case.
To maximize your chances of having charges reduced or dismissed, it is crucial to have a talented, capable, and knowledgeable defense attorney you trust. If you or someone you know is facing criminal charges, contact me directly. As an experienced Arizona criminal defense attorney, I am dedicated to protecting your rights and providing the support you need. Reach out to my office today to schedule a consultation and discuss your case.
