When someone is arrested or accused of a crime, it can be a frightening and stressful experience. One of the most common questions that arises is: What happens if the charges are dropped? In California, having criminal charges dropped can be a huge relief—but it doesn’t always mean the legal battle is completely over.
This guide will walk you through what it means when charges are dropped in California, why it happens, what the potential outcomes are, and what steps you should take next.
What Does “Charges Dropped” Mean?
When criminal charges are “dropped,” it means that the prosecutor or district attorney has decided not to pursue the case in court. In legal terms, this can also be referred to as a “dismissal of charges” before trial.
However, it’s important to understand that charges dropped are not the same as being found not guilty, and they don’t necessarily mean the case is permanently closed.
Who Can Drop Charges in California?
Contrary to popular belief, the victim of a crime cannot officially “drop” the charges. Once a crime is reported and an investigation is initiated, the decision to file or drop charges lies entirely with the district attorney (DA) or prosecutor.
Even if the victim no longer wants to cooperate, the prosecutor may still pursue the case based on the evidence available.
Common Reasons Why Charges Are Dropped
There are several reasons a prosecutor might choose to drop charges in California:
1. Lack of Evidence
If the prosecution doesn’t have enough evidence to prove the accused is guilty beyond a reasonable doubt, they may drop the case rather than risk losing at trial.
2. Witness Unavailability or Reluctance
If a key witness refuses to testify, recants their statement, or cannot be located, the prosecutor might not be able to proceed with the case.
3. Mistaken Identity
If new evidence shows that the wrong person was charged, the prosecution may drop the charges and potentially investigate the correct suspect.
4. Fourth Amendment Violations
If law enforcement violated your constitutional rights (for example, through an illegal search or arrest), the evidence may be inadmissible, leading the DA to drop the charges.
5. Pretrial Diversion or Deferred Entry of Judgment (DEJ)
In some cases, especially for first-time offenders and low-level crimes, charges may be dropped after the accused completes a diversion program, counseling, or community service.
What Types of Charges Can Be Dropped?
Charges may be dropped in a wide range of cases, including:
Misdemeanors (e.g., petty theft, simple assault)
Drug possession offenses
Domestic violence (although this depends on the facts of the case)
Certain DUI offenses
Juvenile crimes
Even some felonies, depending on the evidence and legal issues
Keep in mind that serious or violent felony charges are less likely to be dropped unless there are significant legal or evidentiary issues.
Is a Case Over When Charges Are Dropped?
Not always. While dropped charges are a good sign, they don’t guarantee you’re entirely in the clear. Here are a few things to consider:
1. Refiling of Charges
In California, under Penal Code §1387, the prosecution can refile dropped charges in certain cases—especially if they were dismissed without prejudice.
Misdemeanors: Can typically be refiled within 1 year.
Felonies: Can often be refiled within 3 years or more, depending on the statute of limitations.
2. Pending Investigations
Charges may be dropped temporarily while further investigation is conducted. If new evidence emerges later, charges could be refiled.
3. Criminal Record
Even if charges are dropped, the arrest and case filing may still appear on your criminal record. This can affect employment, housing, and other areas of your life.
Can I Get My Record Cleared After Charges Are Dropped?
Yes, you can request a record sealing or expungement in many cases. Here are the options:
1. Petition for Factual Innocence (PC §851.8)
If you were arrested and charges were dropped because you were factually innocent, you may petition the court to declare your innocence and seal the arrest record.
2. Record Sealing (SB 393)
Under California’s “Care Act,” you may be eligible to have your arrest record sealed if no charges were filed or if the charges were dismissed.
3. Expungement (PC §1203.4)
If you were convicted but later completed probation or other conditions, you might be able to have your conviction expunged. However, expungement doesn’t apply to dropped charges directly—it applies after a conviction.
What Should I Do If My Charges Are Dropped?
Even if your charges are dropped, it’s still wise to take legal steps to protect your future:
✅ Consult an Attorney
Even after a dismissal, a lawyer can help you understand your rights, prevent refiling, and pursue record sealing or expungement.
✅ Get Documentation
Ask for a copy of the court order or dismissal paperwork. You may need this to prove your charges were dropped.
✅ Clear Your Record
Start the process of sealing your record or petitioning for factual innocence as soon as possible to avoid long-term consequences.
FAQs: Dropped Charges in California
Can a victim get charges dropped in California?
No, only the district attorney or prosecutor can drop charges. However, a victim’s cooperation (or lack thereof) may influence the decision.
Are dropped charges the same as dismissed?
They are closely related. “Dropped” is an informal term often used before trial, while “dismissed” is a formal court term used when charges are officially thrown out.
Can I sue if I was wrongfully charged?
In rare cases, yes—especially if your civil rights were violated or you suffered damages. Speak with an attorney to explore your options.
Conclusion
Having criminal charges dropped in California can feel like a victory—but it’s not always the end of the story. There may still be consequences, including damage to your record and the possibility of charges being refiled.
To truly move forward, consider working with an experienced California criminal defense attorney who can help you protect your rights and clear your name completely.
Need legal help? Contact a qualified California criminal defense attorney at Southwest Legal today for a free consultation.
