Strategies to Get Criminal Charges Dropped Before Court in Polk County, Florida

Facing criminal charges, such as domestic violence or drug offenses, in Florida’s Tenth Judicial Circuit can be an incredibly stressful experience. The worry of undergoing court proceedings, the possibility of jail time, and the long-term effects of a criminal record can be daunting.

Fortunately, with the right criminal defense attorney, it’s often possible to have charges dropped or dismissed before your court date through strategic legal action.

At McMann, P.A., serving Polk, Hardee, and Highlands Counties, we specialize in aggressive criminal defense to protect your future.

We employ numerous strategic approaches to achieve a favorable result for our client

Can I Get Criminal Charges Dropped or Dismissed Before Court?

Indeed, charges such as domestic violence or drug trafficking can be dropped or dismissed before they reach a courtroom in Polk County. We utilize a thorough strategy to achieve dismissals prior to trial.

This can happen through several methods such as:

Nolle Prosequi

Under Florida law, prosecutors can dismiss charges if the evidence is insufficient or if new evidence establishes innocence.

Defense Motions

Submitting motions to exclude evidence or to dismiss charges on constitutional or procedural grounds can result in an early dismissal.

Negotiations

Experienced attorneys are capable of negotiating with the State Attorney’s Office to have charges dismissed before trial, particularly in domestic violence cases.

Insufficient Evidence

Prosecutors may drop charges if they lack enough evidence to prove guilt beyond a reasonable doubt, especially when key evidence is missing or unreliable.

New Evidence

Uncovering exculpatory evidence that demonstrates your innocence or disputes the prosecution's theory could lead to the charges being dropped before your court date.

Procedural Errors

Mistakes in filing charges, managing evidence, or following procedures can lead to charges being dismissed.

Illegal Stop or Detention

In Florida, law enforcement officers can temporarily detain individuals based on reasonable suspicion that they have committed, are committing, or are about to commit a crime. This detention, known as a Terry stop, is permissible under Florida's stop and frisk law.

Nonetheless, if the officer does not have reasonable suspicion, any ensuing actions, like a search or arrest, might be considered unlawful, potentially resulting in charges being dismissed.

Lab Testing Issues

Problems with forensic testing techniques, equipment calibration, or technician qualifications can undermine the reliability of evidence, potentially leading to the dismissal of charges.

Immunity Agreements

In a negotiated agreement, providing important information or testimony in other cases can occasionally result in the dismissal of your charges. An immunity agreement is a legal deal where a prosecutor agrees not to charge an individual for a crime in return for their testimony or information against someone else. It is a strategic tool used in criminal investigations, especially when the prosecution requires information from someone who is also involved in a crime. 

Chain of Custody Problems

If evidence is not adequately tracked, documented, or preserved, its reliability might be questioned, potentially leading to charges being dismissed.

Dropped Charges vs. Dismissed Charges

While the terms are frequently used as if they mean the same thing, "dropped charges" and "dismissed charges" represent distinct legal outcomes with separate procedures. When charges are dropped, it means the prosecutor has decided not to pursue the case further, generally before formal charges are filed in court or during the initial stages of prosecution. This decision often results from factors like insufficient evidence, limited resources, or issues with witnesses.

On the other hand, charges are dismissed when a judge formally concludes a case after charges have been filed, either because of legal issues like constitutional violations or insufficient probable cause, or at the prosecutor's request.

The timing and authority involved in these actions underscore significant differences. Dropping charges is usually a decision made by the prosecutor either before or during the early stages of court proceedings, while dismissal happens after formal charges are filed and requires judicial approval. Both outcomes ultimately prevent the case from proceeding to trial and may result in record expungement, though the specific procedures and likelihood of expungement vary by jurisdiction.

We act swiftly to exploit weaknesses in the prosecution’s case

 maximizing your chances of avoiding court.

Proven Strategies to Get Charges Dropped or Dismissed

At McMann, P.A., we employ a comprehensive approach to secure dismissals before trial:

Thorough Case Evaluation and Strategy

We perform a thorough examination of your case, pinpointing flaws in the prosecution's evidence and develop a personalized strategy to have charges dismissed, specifically tailored to the courts of the Tenth Judicial Circuit.

Constitutional Rights Protection

We closely examine police procedures for any breaches of your Fourth, Fifth, or Sixth Amendment rights, as established in Terry v. Ohio, 392 U.S. 1 (1968). These breaches may result in evidence being suppressed and charges being dismissed.

Meticulous Evidence Analysis

We scrutinize all evidence for inconsistencies, chain of custody issues, or testing problems, as demonstrated in State v. Williams, 623 So. 2d 462 (Fla. 1993), to weaken the prosecution’s case.

Procedural Error Identification

We pinpoint errors in charging documents or evidence management, utilizing Florida Rules of Criminal Procedure 3.190 to submit motions for dismissal.

Strategic Pre-Trial Motion Filing

We submit motions to suppress evidence, dismiss charges, or contest probable cause, thereby creating chances for early dismissal, as endorsed by Florida v. Harris, 568 U.S. 237 (2013).

Effective Prosecutor Negotiations

Our strong professional ties with Polk County prosecutors allow us to negotiate efficiently, frequently achieving dropped charges before reaching court.

Diversion Program Placement

We support pre-trial diversion programs that lead to charges being dismissed upon completion, as specified in Fla. Stat. § 948.08.

Alternative Resolution Proposals

We suggest innovative approaches such as community service or counseling to meet prosecutors' requirements, thereby preventing convictions in domestic violence cases.

Legal Precedent Application

We utilize pertinent case law, like Brady v. Maryland, 373 U.S. 83 (1963), to bolster dismissal arguments tailored to your case.

Brady Violation Identification

We guarantee that prosecutors reveal exculpatory evidence (evidence in your (the defendant's) favor) and not doing so may result in dismissal, as required by Brady.

Persuasive Court Presentation

When formal arguments are necessary, our persuasive courtroom advocacy often leads judges to dismiss charges prior to trial.

To have charges dismissed before your court date, you need strategic legal expertise and adept negotiation skills. At McMann, P.A., we thoroughly examine every detail of your case to find the best opportunities for dismissal.

Alternative Sentencing

Sometimes, instead of aiming to reduce the charges, a defense attorney will concentrate on obtaining an alternative sentence to prevent jail time or lessen the consequences of a conviction. Alternative sentences may be suitable for individuals who have committed non-violent offenses or are first-time offenders.

Why Alternative Sentencing Works

Alternative sentencing options can include probation, house arrest, community service, or participation in rehabilitation programs. These alternatives enable you to maintain your lifestyle with minimal interruption. A defense attorney can highlight mitigating factors, like a clean criminal record or your readiness to pursue rehabilitation, to convince the court to impose a more lenient penalty.

Defending Against Habitual Offender Charges

If you have previous convictions, you could face harsher penalties under habitual offender laws, which impose more severe sentences on individuals with prior offenses. A defense attorney can challenge the use of habitual offender status by disputing the legitimacy of past convictions or arguing for a reduced sentence based on specific circumstances.

For example, a lawyer might argue that your earlier offenses do not justify harsher penalties or that you have demonstrated positive changes since those convictions.

Appealing a Conviction

Even following a conviction, a defense lawyer can assist by submitting an appeal. This process entails a higher court examining the trial’s procedures to assess if any mistakes occurred that might have influenced the case's outcome. A successful appeal can lead to a reduced sentence or a new trial.

Post-Conviction Relief

Aside from appealing a conviction, a lawyer might pursue post-conviction relief. This could include asking for a sentence adjustment or presenting new evidence that wasn't available during the initial trial to reduce or overturn the conviction.

McMann, P.A. 1700 S. Florida Ave. Lakeland, Florida 33803

.Why Choose McMann, P.A. for Criminal Defense?

Local Expertise: 

People looking for legal representation in a particular geographic region frequently opt for local attorneys. This decision can be influenced by factors such as familiarity with local courts, judges, and legal practices, along with the capacity to establish strong connections within the local legal community.

At McMann, P.A., we possess extensive knowledge and experience with the courts, judges, and prosecutors in Polk County.

Aggressive Advocacy

Legal victories are often achieved through meticulous preparation, comprehensive research, careful analysis, and effective legal strategies, rather than merely through aggressive posturing. This is particularly true for complex cases involving intricate legal issues, where extensive research and intense litigation might necessitate a more forceful approach.

At McMann, P.A., aggressive advocacy involves a strong advocate who employs strategic assertiveness to navigate the complexities of your case, present our client's position, and fight for your rights and interests.

Client-Centered Service

At McMann, P.A., we prioritize the individual rather than just the case. We recognize the wider impact of legal issues on our client's life, family, and community. We are sensitive to your emotional and psychological needs during these difficult times. We believe that when our clients feel heard and understood, they are more inclined to share crucial information, which can lead to a stronger case and better outcome.

When dealing with legal challenges, especially in emotionally intense areas like family law or personal injury, it is essential to choose an attorney who is not only your assertive advocate but also your supportive, empathetic partner throughout the entire legal process.

McMann, P.A.

Legal Wisdom. Strategic Councel. Aggressive Defense.

Act Now to Protect Your Future

Don't allow criminal charges to dictate your life. If you are dealing with domestic violence, drug, or other criminal charges in Polk, Hardee, or Highlands Counties, act promptly. Take action now to defend your rights, preserve your future, and achieve the best possible result for your case.

Schedule a Free Consultation Today.

The sooner you take action, the stronger your defense will be. Let our experienced criminal defense attorneys help clear your name by working to have your charges dismissed before they reach court.

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McMann, P.A. 1700 South Florida Ave.

Lakeland, Florida 33803

Consultations Available Today

Office: (863) 393 - 9010

Ext. 1 for Criminal Law

Serving Bartow, Lakeland, Winter Haven, and the Tenth Judicial Circuit with top-tier criminal defense.

Legal Disclaimer

This blog offers general information and is not meant to serve as legal advice, nor does it create an attorney-client relationship. Since each criminal case is distinct, readers are encouraged to consult a qualified federal criminal defense lawyer at McMann, P.A. to discuss their specific situations.