Lamano Law Office | | Criminal Defense

Understanding Charge Dismissals

When someone is accused of a crime, many assume the case will automatically move toward trial or a plea deal—but that’s not always true. Criminal charges can be dismissed entirely before they ever reach that stage. A dismissal means the court or the prosecutor decides not to proceed with the case, effectively ending the legal action without a conviction. For the person accused, this can be a life-changing result.

There are several points at which a case might be dismissed:

      • Before charges are formally filed, during the investigation phase
      • At arraignment, when charges are first read in court
      • During pre-trial motions, based on procedural or constitutional challenges
      • Mid-trial, if it becomes clear that the prosecution’s case cannot meet the burden of proof

It’s important to note that a dismissal can be “with prejudice” (meaning the case cannot be refiled) or “without prejudice” (meaning the charges could potentially be brought again). This distinction is crucial and depends on the reason for the dismissal.

Working with an experienced criminal defense attorney can greatly increase your chances of a favorable outcome. At Lamano Law, we begin building toward dismissal from the moment we take your case—scrutinizing every detail for errors, overreach, or weaknesses in the prosecution’s argument.

Common Grounds for Dismissal

There are a number of legal and procedural reasons why a case may be dismissed. Below are the most common grounds that our team at Lamano Law evaluates in every case:

1. Insufficient Evidence

For a prosecutor to proceed with a criminal case, there must be enough admissible evidence to support a “reasonable likelihood of conviction.” If the evidence is weak, missing key elements, or based on unreliable witnesses, the defense can move to have the charges dismissed. This is especially relevant in cases where:

      • No physical evidence links the accused to the crime
      • Witnesses are inconsistent or unavailable
      • Surveillance footage contradicts the allegation

2. Constitutional Violations

Every person has constitutional rights—including the right to due process and freedom from unlawful searches and seizures under the Fourth Amendment. If law enforcement violated your rights at any point (e.g., stopping you without probable cause, searching your home without a warrant, or failing to read your Miranda rights during an arrest), the evidence collected may be deemed inadmissible. Without that evidence, the prosecution may no longer have a viable case.

Common constitutional violations include:

      • Illegal traffic stops
      • Coerced confessions
      • Failure to provide access to legal counsel
      • Unlawful searches of a vehicle, home, or phone

3. Procedural Errors

Even minor errors in paperwork or case handling can lead to dismissal. For example:

      • The complaint was filed after the statute of limitations expired
      • The charging documents are inaccurate or incomplete
      • The court failed to conduct a hearing in the required time frame

While procedural mistakes may seem small, they can violate a defendant’s due process rights—especially if they result in delays or confusion that harm the defense.

4. Lack of Probable Cause

Law enforcement must have a valid reason to believe a crime was committed to make an arrest. If your defense attorney can demonstrate that the police acted without sufficient justification, then any evidence or charges that resulted from the arrest may be challenged.

Probable cause is especially important in cases involving:

      • Drug possession or distribution
      • DUI stops
      • Weapons charges

If an officer lacked reasonable suspicion to pull you over or had no clear basis to perform a search, your charges could be dropped entirely.

5. Witness Unavailability or Recantation

Many criminal cases depend heavily on the cooperation of key witnesses. If a witness becomes unavailable, refuses to testify, or changes their story, the prosecution may no longer be able to prove its case beyond a reasonable doubt. In some domestic violence or assault cases, for example, if the alleged victim declines to participate, the prosecution may be forced to drop the charges—especially if no other independent evidence exists.

6. Diversion Programs and Alternative Resolutions

While not a traditional dismissal, some charges may be dropped if you successfully complete a diversion or pretrial intervention program. These programs are common for first-time offenders and those facing non-violent charges. Completion of drug treatment, anger management, or community service may result in a full dismissal without a conviction on your record.

At Lamano Law, we regularly advocate for clients to be considered for these programs, especially when jail time would be excessive or unnecessary.

man arrested for a crime

The Role of a Criminal Attorney

A skilled criminal defense attorney is crucial in identifying and leveraging the factors that can lead to a dismissal. Here’s how Lamano Law approaches this:

      • Case Evaluation: We thoroughly review all aspects of your case, including evidence, police reports, and witness statements.
      • Legal Strategy: Based on our evaluation, we develop a tailored defense strategy aimed at challenging the prosecution’s case.
      • Negotiation: We engage with prosecutors to discuss the possibility of reducing or dismissing charges, especially when the evidence is weak or procedural errors are evident.
      • Court Representation: If necessary, we represent you in court, presenting compelling arguments and evidence to support dismissal.

Real-World Impact: Dismissal Statistics in California

Understanding how often criminal charges are dismissed in California courts can help contextualize what’s possible in your own case. While the legal process is complex and outcomes vary, the data reveals that dismissals are not rare—especially when strong legal advocacy is involved. Here are some recent examples from counties across California:

  • Alameda County: In 2023, over 42% of misdemeanor cases were dismissed or resolved without a conviction. Public defenders noted that overburdened courts and proactive defense motions contributed to the high dismissal rate.

  • San Francisco County: Nearly half of all felony arrests in recent years did not lead to a conviction. Prosecutors often decline to file charges or drop them due to insufficient evidence, police misconduct, or witness issues.

  • Los Angeles County: In 2022, the District Attorney’s Office declined to file charges in approximately 29% of felony arrests. Dismissals often stem from illegal searches, unreliable witness statements, or violations of defendants’ rights.

  • Contra Costa County: Local defense attorneys report that 1 in 4 drug possession and petty theft cases are dismissed pre-trial, especially when diversion programs or lack of probable cause come into play.

  • Santa Clara County: More than 35% of criminal cases eligible for diversion are ultimately dismissed after defendants successfully complete court-ordered treatment or education programs.

  • Statewide Trends: According to the California Judicial Council, pre-trial dismissals and case terminations have steadily risen in the past five years due to backlogged courts, staffing shortages, and increased use of diversion and restorative justice programs.

These statistics highlight a critical truth: dismissals are possible, and in many cases, probable—especially when your legal team understands how to identify the cracks in the prosecution’s case. From missing evidence to procedural violations, your defense attorney can play a pivotal role in turning a criminal charge into a dismissed case.

While not every case will be eligible for dismissal, having an experienced criminal defense attorney increases the likelihood of identifying and capitalizing on those opportunities. At Lamano Law, we are committed to providing strategic, personalized, and aggressive defense to protect your rights and future across the Bay Area and beyond.

Charged with a criminal offense in San Francisco, Alameda, San Jose, Oakland, Walnut Creek, Berkeley, or San Mateo? Lamano Law is here to help. Our team offers experienced, compassionate defense you can count on. Reach out today to schedule a confidential consultation and take the first step toward protecting your future.