When facing felony charges in Florida, many defendants wonder, “Can felony charges be dropped?” The short answer is yes, sometimes, felony charges can be dropped in Florida, but the process is complex and depends on various factors. Understanding how and why felony charges might be dropped can help defendants navigate the criminal justice system more effectively.
When Can Felony Charges Be Dropped?
Prosecutors in Florida have the discretion to allow felony charges be dropped:
Lack of Evidence: If there’s insufficient evidence to prove guilt beyond a reasonable doubt, prosecutors may choose to drop the charges rather than risk losing at trial.
Violation of Constitutional Rights: If your constitutional rights were violated during the arrest or investigation, such as in an illegal search, charges might be dropped.
Unreliable Witnesses: If key witnesses change their stories, or don’t appear, it can weaken the prosecution’s case, and your defense lawyer may insist that felony charges be dropped.
New Evidence: The discovery of new evidence that clears the defendant or raises significant doubt on their guilt can result in dropped charges.
Plea Bargains: In some cases, prosecutors may agree to drop more serious felony charges if a defendant pleads guilty to a lesser offense.
Prosecutorial Discretion: Prosecutors may allow felony charges to be dropped if prosecution isn’t in the interest of justice or the best use of resources.
Pre-Trial Intervention Programs: Sometimes a first-time offender may be able to enter a diversion program that can result in having the charges dropped.
The Process of Dropping Felony Charges
In Florida, the process of dropping felony charges typically involves the following steps:
- Case Review: The prosecutor reviews the evidence and considers the circumstances of the case.
- Filing a “Nolle Prosequi”: If the prosecutor decides not to pursue the charges, they file a “nolle prosequi” (often called a “nol pros”), which formally drops the charges.
- Court Approval: In most cases, the court must approve the prosecutor’s decision to drop charges.
- Record Sealing or Expungement: After charges are dropped, defendants may be eligible to have their records sealed or expunged, erasing the arrest from public view.
Challenges in Getting Felony Charges be Dropped
While felony charges can be dropped, it’s important to understand that this outcome is not guaranteed or easy to achieve. Prosecutors in Florida take felony charges seriously and are frequently reluctant to drop them without compelling reasons. Some challenges in getting felony charges be dropped include the following:
Strong Evidence: If the prosecution has solid evidence against the defendant, they’re less likely to drop charges.
Severity of the Crime: More serious felonies, such as violent crimes or those involving large-scale fraud, are less likely to be dropped.
Previous Convictions: Defendants with a criminal record may find it harder to convince prosecutors to drop charges.
Orlando Criminal Defense Attorney
Given the complexity of felony cases and the potential for severe consequences, it’s crucial to have skilled legal representation. An experienced criminal defense attorney can:
- Evaluate the strength of the prosecution’s case
- Identify potential legal defenses
- Negotiate with prosecutors for charge reduction or dismissal
- Advise on the pros and cons of various legal strategies
- Represent you effectively in court if the case goes to trial
If you’re facing felony charges in Florida, your best course of action is to consult with an experienced criminal defense attorney. Remember, every case is unique, and the strategies that work in one situation may not be appropriate in another. Professional legal guidance is essential for navigating the complexities of felony charges in Florida’s criminal justice system. Call 407-644-2466 to speak with an Orlando criminal defense attorney at the Rivas Law Firm.
