How to Get Charges Dropped: A Guide to Dismissal

Understanding Your Path to Dropped Charges

Getting charges dropped is more than just a hope—it’s a real possibility when you understand the legal process and have the right defense strategy. If you’re facing criminal charges in Texas, the stress can be overwhelming. You’re likely asking: Can these charges actually be dropped?

The answer is yes. Getting charges dropped isn’t about luck; it’s about a strategic defense that identifies and leverages weaknesses in the prosecution’s case. Here are the primary ways charges are dropped:

1. Insufficient Evidence: The prosecutor cannot prove guilt beyond a reasonable doubt.
2. Constitutional Violations: Illegal searches, lack of probable cause, or Miranda rights violations can lead to dismissal.
3. Witness Issues: Uncooperative or unreliable witnesses weaken the prosecution’s case.
4. Strong Defense: Presenting alibi evidence, exculpatory proof, or identifying procedural errors.
5. Victim’s Wishes: In some cases, a victim’s affidavit of non-prosecution can influence the prosecutor’s decision.

It’s important to know the difference between dropped charges and a dismissal. A prosecutor drops charges by choosing not to pursue the case, often before trial. A dismissal is a court order ending the case. In either scenario, the outcome hinges on prosecutorial discretion. Prosecutors don’t have to pursue every case, especially when the evidence is weak or constitutional rights were violated.

I’m Brian Nguyen, Managing Partner of Universal Law Group’s criminal defense division. My background as a former Assistant District Attorney provides unique insight into how prosecutors evaluate cases. Having prosecuted a wide range of cases before transitioning to defense, I understand both sides of the courtroom and use that knowledge to build the strongest possible defense for my clients.

The Prosecutor’s Discretion: Why Charges Are Dropped

In Texas, the prosecutor (District Attorney or DA) holds immense power, known as prosecutorial discretion. They decide which cases go to trial, which are resolved through plea bargains, and which get dropped entirely. Their job is to prove guilt “beyond a reasonable doubt”—a very high legal standard. If they believe they can’t meet this standard, or if pursuing the case isn’t a good use of resources, they have the authority to drop the charges.

This isn’t about being lazy; it’s about justice and efficiency. Dropping weak cases saves taxpayer money, frees up court resources for more serious crimes, and prevents potentially innocent people from being wrongly convicted. Our job is to build a compelling case to the prosecutor showing them why moving forward is not in the interest of justice. Having been prosecutors ourselves, we know what arguments and evidence make a DA reconsider.

Insufficient Evidence

The most common reason charges are dropped is a lack of sufficient evidence. A criminal case is like a building; if the foundation of evidence is shaky, the whole structure collapses. “Insufficient evidence” can mean:

• No physical proof connecting you to the crime (e.g., no DNA, fingerprints, or surveillance footage).
• Inconclusive or ambiguous forensic results, such as improperly conducted lab tests or unreliable field tests.
• Unreliable witness statements, especially if the witness has a history of dishonesty, a changing story, or was impaired during the event.

Crucially, every crime has specific elements that the prosecution must prove beyond a reasonable doubt. For example, an assault charge requires proving not just contact, but the intent to cause harm. If we can show you acted in self-defense or the contact was accidental, a key element is missing, and the case falls apart. Our experience as former prosecutors helps us quickly spot these evidentiary gaps.

Witness and Victim Issues

Criminal cases often depend on people, and people can be unpredictable. When witnesses or alleged victims become problematic, the prosecution’s case can be severely damaged. This happens when:

• A key witness or victim is uncooperative. They may refuse to testify, claim they don’t remember, or simply fail to appear in court. While a prosecutor can issue a subpoena, a hostile witness is often more trouble than they’re worth.
• A witness lacks credibility. A witness with a criminal record, a clear bias against you, or a history of dishonesty is vulnerable to impeachment on the stand.
• Testimony is inconsistent. If a witness’s story changes from their initial police report to later statements, it creates reasonable doubt.
• A victim recants their statement, claiming the initial report was false or exaggerated. This is common in domestic situations and, while it can have consequences for the recanting person, it makes prosecution extremely difficult.

Procedural Errors and Rights Violations

The U.S. Constitution provides powerful protections. When law enforcement violates these rights, the remedy is often the exclusion of evidence or dismissal of the case. These are not mere technicalities; they are fundamental safeguards against government overreach.

Common violations include:

• Unlawful Arrest: If police arrested you without probable cause, any evidence found as a result of that arrest may be inadmissible.
• Improper Evidence Handling: The chain of custody for all physical evidence must be perfect. Gaps or contamination can render evidence unreliable and inadmissible.
• Miranda Rights Violations: If you were in custody and interrogated without being read your Miranda rights, your statements can be suppressed. Without a confession, many cases collapse.
• Illegal Searches and Seizures: The Fourth Amendment protects you from unreasonable searches. If police searched your car, home, or person without a warrant or probable cause, any evidence they found is considered “fruit of the poisonous tree” and cannot be used against you. If the drugs from an illegal search are excluded, there is no drug case.

We carefully audit every step of the investigation to find these errors. Our prosecutorial background gives us an edge in knowing exactly where to look for mistakes that can lead to a dismissal.

Key Defense Strategies to Get Charges Dropped in Texas

A passive approach to criminal defense is a recipe for disaster. To maximize your chances of getting charges dropped, you need a proactive, aggressive defense that challenges the prosecution from day one. At Universal Law Group, we leverage our experience as former prosecutors to take control of the narrative and fight for the best possible outcome.

How a Defense Attorney Can Help Get Charges Dropped

The most critical work of a defense attorney happens long before any court appearance. Here’s how we work to get charges dropped behind the scenes:

• Thorough Case and Evidence Analysis: We scrutinize every piece of evidence—police reports, body cam footage, witness statements, and forensic reports—looking for inconsistencies, procedural errors, and legal flaws.
• Identifying Legal Flaws: Our experience as former prosecutors allows us to quickly spot constitutional violations, such as an illegal search or a failure to read Miranda rights, that can serve as grounds for dismissal.
• Direct Negotiation with Prosecutors: This is where our background truly shines. We speak their language and understand their pressures. We present a calculated, professional argument highlighting the weaknesses in their case, making it clear that dropping or reducing the charges is the most logical and just outcome.
• Presenting Mitigating Factors: We humanize you by presenting evidence of your good character, community involvement, and employment history. This helps the prosecutor see you as a whole person, not just a case file, which can influence their decision.
• Early Intervention: The sooner we get involved, the better. By engaging with prosecutors before formal charges are filed, we can sometimes present evidence or arguments that convince them to decline the case entirely.

Challenging the Legality of the Investigation

We carefully examine every action taken by law enforcement to ensure your constitutional rights were respected. If they weren’t, we can file motions to suppress evidence, which often leads to charges being dropped.

• Illegal Traffic Stops: An officer needs reasonable suspicion of a crime to pull you over. If the stop was unlawful, any evidence found during that stop (like in a DWI case) can be thrown out.
• Lack of Probable Cause: An arrest requires probable cause—a reasonable belief a crime was committed. Without it, the arrest is illegal, and resulting evidence can be suppressed.
• Unlawful Search and Seizure: The Fourth Amendment protects you from unreasonable searches. Evidence found by searching your car, home, or person without a warrant or probable cause is inadmissible.
• Challenging BAC Test Results: Breathalyzer and blood tests are not infallible. We challenge results by questioning the machine’s calibration, the officer’s training, the chain of custody for blood samples, or other factors that could create an inaccurate reading.

Presenting a Strong Factual Defense

Beyond procedural challenges, we build a strong factual defense to prove your innocence or create reasonable doubt.

• Alibi Evidence: We use cell phone records, receipts, surveillance video, and witness testimony to prove you were somewhere else when the crime occurred.
• Mistaken Identity: Eyewitness testimony is notoriously unreliable. We challenge flawed identification procedures, poor viewing conditions, and inconsistent descriptions to show that the witness identified the wrong person.
• Self-Defense: In assault cases, we gather evidence to prove you reasonably believed you were in imminent danger and used necessary force to protect yourself, as permitted under Texas law.
• Lack of Criminal Intent: Many crimes require proof of a guilty mind (mens rea). We can argue that your actions were accidental, a misunderstanding, or that you lacked the specific intent required for a conviction.
• Exculpatory Evidence: We actively search for evidence of your innocence—such as DNA that doesn’t match, or video that contradicts the accuser’s story—and present it forcefully to the prosecutor to demonstrate that pursuing the case would be unjust.

The Victim’s Role in Dropping Charges

Many people charged with a crime believe that if the alleged victim wants to drop the charges, the case will automatically go away. This is a common and dangerous misconception in Texas.

Here’s the reality: once a criminal complaint is filed, the case is no longer between you and the victim. It becomes “The State of Texas vs. [Your Name].” The State, represented by the prosecutor, is the plaintiff, and the alleged victim becomes a witness. While the victim’s wishes are important, they do not have the final say. The prosecutor alone decides whether to pursue the case, based on the evidence, public safety concerns, and the interests of justice.

Can a Victim Get Charges Dropped in Domestic Assault Cases?

Domestic violence cases clearly illustrate why a victim cannot unilaterally drop charges. Texas law gives prosecutors, not victims, the final say for several important reasons.

First, this policy is designed to protect victims from coercion. Abusers often pressure or manipulate their partners into recanting. By keeping the decision in the hands of the prosecutor, the system reduces the risk of an abuser intimidating a victim into dropping a valid case.

Second, the State has an independent interest in prosecution. Domestic violence is viewed as a crime against society, not just a private dispute. It affects families and communities and often escalates over time. For this reason, prosecutors may proceed with a case even if the victim is uncooperative, especially if there is other evidence like 911 calls, body camera footage, or medical records.

The Affidavit of Non-Prosecution in Texas

While a victim cannot force a dismissal, they can make their wishes known formally through an Affidavit of Non-Prosecution (ANP).

An ANP is a sworn, written statement from the alleged victim requesting that the DA’s office drop the charges. In it, the victim typically states that they do not wish to see the accused prosecuted and may explain why. To ensure the statement is voluntary, the victim usually must sign the affidavit under oath at the DA’s office.

However, an ANP does not guarantee a dismissal. The prosecutor will still evaluate the strength of the independent evidence. If there is strong corroborating evidence—like photos of injuries, third-party witnesses, or a recorded confession—the prosecutor may decide to move forward with the case regardless of the victim’s wishes.

That said, an ANP can be a very powerful tool. In cases that rely heavily on the victim’s testimony, an ANP signals to the prosecutor that their star witness will be uncooperative. This significantly weakens their case and may convince them that they cannot win at trial. A prosecutor with limited resources is more likely to dismiss a case with a reluctant victim and weak corroborating evidence, especially if the accused has no prior criminal history. Our role is to ensure the ANP is properly submitted and used effectively in negotiations to get charges dropped.

Aftermath: What to Do After Your Charges Are Dropped

Getting your charges dropped is a major victory. The immediate threat of a conviction, jail time, and fines is gone. However, the process isn’t entirely over. An arrest record still exists, and you need to take one final, crucial step to truly clear your name and protect your future.

Can Dropped Charges Be Reinstated?

When charges are dropped, it is usually a dismissal “without prejudice.” This legal term means the prosecutor reserves the right to refile the charges later, but only under specific circumstances. The most common reason for reinstatement is the findy of significant new evidence. Additionally, charges must be refiled before the statute of limitations—the legal deadline for prosecuting a specific crime—expires.

In practice, reinstatement is rare. Prosecutors are busy and prefer not to reopen cases they’ve already deemed too weak to win. However, the possibility exists, which is why it’s wise to understand your legal standing even after a dismissal.

Clearing Your Record: Expunction vs. Nondisclosure in Texas

Even though the charges were dropped, the record of your arrest remains public. This record can appear on background checks, creating obstacles for employment, housing, and professional licensing. To prevent this, you must proactively clear your record. In Texas, there are two main ways to do this: expunction and an Order of Nondisclosure.

Expunction (or Expungement)

This is the best possible outcome. An expunction legally destroys your arrest record. All government agencies are ordered to delete any files related to the incident. It’s as if the arrest never happened.

• Effect: Your record is destroyed. You can legally deny the arrest ever occurred on job applications and in most other situations.
• Eligibility: You are generally eligible for an expunction if your charges were dropped, dismissed, or if you were acquitted at trial. There are specific waiting periods that must be met before you can file a petition.

Order of Nondisclosure

This is the next best option if you are not eligible for an expunction. A nondisclosure order seals your record from the public, but does not destroy it.

• Effect: Your record is sealed from private entities like employers and landlords. However, law enforcement and certain government agencies can still access it.
• Eligibility: Nondisclosure is typically for individuals who successfully completed deferred adjudication probation. Not all offenses are eligible, and waiting periods apply.

For cases where you get charges dropped, expunction is almost always the correct path and the one we pursue for our clients. It offers the most complete protection, giving you a true clean slate. The process involves filing a formal petition with the court, and navigating it correctly is key to success.

Our team at Universal Law Group handles both expunction and nondisclosure petitions. We can guide you through this final step to ensure an old arrest doesn’t cast a shadow over your future. Getting charges dropped is the win, but clearing your record is what lets you move on completely.