Yes! – Criminal charges absolutely can be dropped before trial in Florida.
But it does not happen automatically, and it usually requires strategic legal work.
If you’re facing charges, understanding how and why cases get dismissed can make a significant difference in how you approach your defense.
Who has the Power to Drop Charges?
In Florida, the decision to drop charges rests with the prosecutor (Assistant State Attorney), not the alleged victim.
Charges may be dropped before trial in Florida through:
- An “Announcement of No Information” filing (The State declines to formally prosecute)
- A “Nolle Prosequi” filing (a formal dismissal by the prosecution)
- A Court ordered dismissal (after a defense motion)
Even if a victim wants charges dropped, that alone does not end the case.
Common Reasons Charges Get Dropped
1. Insufficient Evidence
If the State cannot prove each element of the crime beyond a reasonable doubt, charges may be dismissed.
This can happen when:
- Witnesses are inconsistent
- There is no physical or circumstantial evidence
- Key witnesses are unavailable
2. Constitutional Violations
If law enforcement violated your rights, key evidence can be suppressed.
Examples:
- Illegal search and seizure
- No probable cause for arrest
- Miranda violations
When critical evidence is suppressed, the case may collapse.
3. Witness Credibility Issues
If the primary witness:
- Recants
- Has inconsistent statements
- Has credibility problems
The prosecutor may reassess the viability of the case.
4. Diversion Programs
In some cases, especially for first-time offenders, entry into a diversion program can result in dismissal upon successful completion. The Pretrial Intervention (PTI) is an example of a diversion program in Florida that can lead to the dismissal of your charges upon successful completion of the program.
5. Strategic Negotiation
An experienced defense attorney may persuade the prosecutor to:
- Reduce the charge
- Amend it to a non-criminal offense
- Dismiss certain counts
This often depends on:
- Criminal history
- Weaknesses in the case
- Mitigating circumstances
- Early proactive defense work
Can the Alleged Victim Drop the Charges?
This is one of the most common misunderstandings.
In Florida, the victim does not control the prosecution. Only the State can drop charges. However, an alleged victim’s cooperation (or lack thereof) can impact the strength of the case.
When is the Best Time to Seek Dismissal ?
Early intervention matters.
Strong defense work in the early stages – before key hearings – can influence whether charges move forward. Waiting passively for trial is rarely a strategy that produces the best outcome.
What This Mean for You
Every case is different. Some cases are dismissed quickly. Others require litigation and strategic pressure.
What is consistent, however, is this:
Early, focused defense increases the likelihood of a favorable outcome.
If you or a loved one is facing charges in Florida, contact Wanda Greene today for a confidential consultation.
Disclaimer: This blog is for general informational purposes only and does not constitute legal advice. Always speak with an attorney about your specific situation.