How to Get the Charges Dropped Before Your Florida Criminal Trial
Getting criminal charges dropped before trial in Florida can totally happen, but it ain’t exactly easy. The state’s attorney usually doesn’t wanna just give up and drop charges unless you got a kickass defense attorney who can convince them they don’t have a strong enough case. But don’t freak out! There’s definitely ways to get the charges tossed pre-trial if you play your cards right. Let me break it down for you…
Work With a Florida Criminal Defense Lawyer
The number one thing you need to do is get yourself an experienced Florida criminal defense attorney, like yesterday. Seriously, hiring a good lawyer is crucial for getting charges dropped pre-trial. A solid attorney will know all the ins and outs of Florida law and criminal procedure. They’ll be familiar with the prosecutors and judges in your jurisdiction and have relationships that can help. They’ll also know how to negotiate with the prosecution and present compelling legal arguments for why the charges should be dismissed before trial.
Trust me, trying to get charges dropped without a lawyer rarely works out. The prosecutors don’t wanna deal with defendants directly. So shell out the money for a qualified criminal defense attorney in Florida. It’ll pay off big time in the long run. Just make sure you do your research to find someone good, not the first cheap lawyer you come across. Ask around, check reviews online, all that.
See If You Can Get the Charges Dismissed at a “Stand Your Ground” Hearing
Now this is a little known defense that can totally get your charges tossed out before trial in Florida. It’s called the “Stand Your Ground” law. Basically, it says you can use deadly force to defend yourself if you reasonably believe it’s necessary to prevent death or great bodily harm. Stand Your Ground also says you don’t have a “duty to retreat” first if you’re attacked in a place you have a legal right to be.
So if you’ve been charged with assault, battery, manslaughter, etc for defending yourself, your lawyer can request a special pre-trial Stand Your Ground hearing. If you convince the judge you were acting in self-defense, the charges must be dismissed right then and there! It’s a powerful tool for getting charges dropped early on.
Negotiate a Plea Deal to Get Charges Dropped or Reduced
Another common way charges get dropped before trial is through plea bargaining. Your defense attorney will negotiate with the prosecutor to try to get the charges dismissed entirely or at least reduced to less serious offenses. This usually involves agreeing to plead guilty or no contest to the lesser charges in exchange for the prosecutor dropping the more serious ones.
Some things that can help convince the prosecutor to make a plea deal:
- You have a weak criminal history
- There are flaws in the evidence against you
- Witnesses aren’t reliable
- You make a show of remorse and take responsibility
Your lawyer may also agree to conditions like completing a rehab program, doing community service, etc to get the charges dropped through a plea bargain. It’s not an ideal outcome, but way better than going to trial if the evidence is stacked against you.
File a Motion to Dismiss Due to Unlawful Conduct or Lack of Evidence
Your criminal defense attorney can also file legal motions asking the judge to dismiss the charges against you before trial. Two common motions used are a “motion to dismiss due to lack of evidence” or a “motion to dismiss due to unlawful conduct.
“For example, if the police unlawfully stopped, searched, or interrogated you, your lawyer can argue the evidence should be excluded and the case dismissed. Or if the prosecution doesn’t have enough solid evidence to prove their case, your attorney can file a motion highlighting the evidentiary weaknesses.
If the judge agrees the cops acted improperly or the state’s evidence is too flimsy, the charges will get tossed out right then and there. Your lawyer will really need to emphasize all the legal technicalities though.
Explore Diversion Programs to Get Charges Dropped
Lastly, look into pretrial diversion programs like drug court, community court, DUI diversion, etc. These are programs that let eligible defendants get their charges completely dismissed if they successfully complete all the requirements. Things like:
- Drug/alcohol counseling
- Community service
- Restitution to victims
- Probation check-ins
- Staying out of trouble
The programs usually run at least 6 months to a year. But they’re a solid option if you qualify. Completing one shows the court you’re making positive changes and are committed to rehabilitation. Just work closely with your attorney to enroll in a suitable pretrial diversion program for your charges.
So in summary – hire a skilled Florida criminal defense lawyer, explore defenses like Stand Your Ground, negotiate plea deals, file dismissal motions, or complete pretrial diversion. Getting charges dropped pre-trial takes strategy and hard work. But it’s very possible if you have a good attorney in your corner fighting for you. Don’t wait around hoping the charges will go away – take action ASAP! You got this.