Once prosecutors have assessed charges, it is sometimes possible for them to change their minds and drop certain charges. Class B misdemeanors are relatively minor offenses, and we may be able to convince prosecutors in your case to drop them.
Depending on the circumstances surrounding your case, we can argue for prosecutors to drop any Class B misdemeanors and other charges against you. Prosecutors may have numerous opportunities to drop charges, including shortly before charges are formally filed and any time before your trial is complete. Charges are often dropped due to a lack of evidence or as part of a plea deal. Once charges are dropped, the prosecutors are allowed to refile them if they uncover new information and evidence.
If you have been charged with Class B misdemeanors or any other charges, call our New Jersey criminal defense lawyers for help. We can work with prosecutors to hopefully get your charges dropped. Call the Law Offices of John J. Zarych at (609) 616-4956 for a free case review.
Getting Class B Misdemeanor Charges Dropped in New Jersey
Many people confuse “dropping” and “dismissing” charges. While the result is similar, these are two very different procedures. Charges can only be dismissed by the judge/court. When they are dismissed, the case is over, but it may be refiled depending on how the court dismissed them.
Prosecutors are in charge of dropping charges, and they may do so at their own discretion. The court cannot tell prosecutors what charges should and should not be pressed. If prosecutors feel that pursuing certain charges would be fruitless, they can drop them.
When charges are dropped, they are no longer a part of the case. For example, if a defendant is charged with a Class B misdemeanor and a third-degree felony, but prosecutors decide to drop the Class B misdemeanor, the defendant will only be prosecuted for the felony charge. When all charges are dropped, the case is cut short.
Charges can be dropped for any number of reasons. In many cases, there is not enough evidence to support the charges, or new information comes to light that shows the defendant is not guilty. Prosecutors do not wish to burden themselves with charges they cannot prove, and dropping charges can lighten their caseload.
Class B misdemeanor charges, like any other charges, can be dropped by prosecutors if they have a good reason. Our Atlantic City criminal defense lawyers can help you convince prosecutors your charges should be dropped.
When Can Class B Misdemeanors Be Dropped in New Jersey?
Prosecutors can drop charges almost whenever they want to. However, there are key moments in the criminal justice process where our New Jersey criminal defense attorneys may be able to convince prosecutors to drop your charges, including Class B misdemeanors.
Charges can be dropped almost any time after they are officially filed and the defendant has been formally notified of the charges. It is often a good idea to speak with prosecutors about your charges before they have officially filed them. We may be able to convince them to drop certain charges before they file them due to a lack of evidence or information that exonerates you.
Once you have been formally charged, the discovery process begins, and the prosecutor must turn over all their relevant evidence so we may build up your defense. We can review the evidence for weaknesses in the case against you or evidence that has been obtained illegally. If there is insufficient evidence, we can reach out to prosecutors and ask that your Class B misdemeanors and other charges be dropped.
We can also get some of your charges dropped through a plea deal. Plea deals are agreements between prosecutors and defendants. The prosecutor agrees to drop certain charges or reduce them, and the defendant agrees to plead guilty to the remaining charges. We may be able to get your class B misdemeanor charges dropped if we agree to plead guilty to other charges in your case.
Why Would New Jersey Prosecutors Drop Class B Misdemeanors?
Prosecutors may drop charges for a variety of reasons. In many cases, there is simply not enough evidence. In others, the move is more strategic, and prosecutors would rather pursue bigger charges and forget about smaller ones. Our Cape May criminal defense lawyers can help you fight your charges and hopefully have them dropped.
If there is not enough evidence to support your charges, prosecutors are quick to drop them. Prosecutors have notoriously high caseloads, and they do not want to waste their time on cases they will probably lose. If we can demonstrate your Class B misdemeanors and other charges are weak, the prosecutor on your case might decide to drop them and move on.
If possible, we should present evidence that strongly refutes the charges. For example, prosecutors will quickly drop the charges if you have an alibi or other proof that you did not commit the crime. If you do not have an alibi but have information that severely weakens the prosecutor’s case, that information is equally useful and important.
Class B misdemeanors are relatively minor compared to other offenses and are often non-violent crimes. This sometimes means prosecutors can be more easily convinced to drop the charges. This means it is even more important that we find evidence or information to support dropping the charges against you.
Does Double Jeopardy Apply if Class B Misdemeanor Charges Are Dropped in Utah?
Double jeopardy states that defendants cannot be tried for the same crime twice. Typically, this rule kicks in only after an official judgment on the merits. When prosecutors drop charges, the double jeopardy does not take effect, and they can refile later if they wish.
Prosecutors might refile the charges against you if they only dropped them because of insufficient evidence. If they find new evidence that supports the charges later, they can reopen the case and refile the charges.
You might not be out of the woods even if we can get your Class B misdemeanor charges dropped. It is important to speak with an attorney as soon as possible because prosecutors might not be done with you. Our Pleasantville criminal defense lawyers can help get your charges dropped and stand by your side if they are refiled.
Call Our Utah Criminal Defense Attorneys for Assistance
Call our Sea Isle City criminal defense lawyers for advice if you are charged with Class B misdemeanors or any other offenses. We can work to get your charges dropped and get you back to your normal life. Call the Law Offices of John J. Zarych at (609) 616-4956 for a free case review.