How to Get Criminal Charges Dismissed in California An Expert Guide

June 24, 2025

Facing criminal charges in California can be overwhelming, but here’s the truth most people don’t know: many cases are dismissed before they ever go to trial. With the right legal strategy, the guidance of an experienced defense attorney, and an understanding of the law, you can significantly improve your chances of walking away with a clean slate.

In this guide, we’ll break down exactly how criminal charges can be dismissed in California, explain the strategies attorneys use, and share real-world examples to help you understand your options.

What does getting your criminal charges dismissed mean?

When criminal charges are dismissed, the court formally ends the case without a conviction or trial. It means:

You are no longer being prosecuted, and the case won’t continue in court.
You do not face penalties such as jail time, probation, or fines.
There is no criminal conviction on your record as a result of the dismissed charges.

It is different from being found “not guilty” because a dismissal often occurs before a case reaches trial.

What Exactly Happens When Your Criminal Charges are Dismissed?

Once the court dismisses your charges:

A court order officially closes your case, which prevents the prosecution from moving forward.
You are released from custody if you are being held in jail.
Any bail posted may be refunded, depending on the case’s outcome.
You may be eligible to seal or expunge the arrest record, improving your long-term opportunities.

Who Can Dismiss Your Criminal Charges?

Several parties have the legal authority or influence to dismiss your charges:

The Prosecutor can voluntarily dismiss charges if they believe the evidence is weak or if continuing isn’t in the public interest.
The Judge can dismiss charges after reviewing defense motions—especially when legal or constitutional violations are present.
Law Enforcement, while they cannot directly dismiss a case, may affect the outcome if their actions result in procedural errors or if key officers fail to cooperate with the prosecution.

Common Reasons to Dismiss Criminal Charges

There are numerous reasons a case may be dismissed, often based on errors, violations, or legal insufficiencies. Common reasons include:

Lack of probable cause: Police did not have a valid reason to arrest you.
Constitutional violations: Your rights were infringed during the arrest, interrogation, or investigation.
Illegal search and seizure: Evidence obtained without a proper warrant or legal basis may be excluded.
Insufficient or inadmissible evidence: The prosecution can’t meet the burden of proof.
Witnesses refuse to cooperate: If a key witness backs out, the case can collapse.
Clerical or procedural errors: Mistakes in paperwork, filings, or timing can void legal proceedings.

Can a Dismissed Case be Reopened?

Yes, but only in certain situations. If your case is dismissed without prejudice, prosecutors can refile the charges, particularly if they gather new evidence or correct procedural errors. However, if it’s dismissed with prejudice, the case is closed permanently and cannot be reopened.

What is Dismissed Without Prejudice?

A dismissal without prejudice means the case is dismissed temporarily, but it can be refiled in the future. This usually occurs when:

The prosecution needs more time to gather evidence.
A critical witness is unavailable.
There were minor errors in the procedure that could be corrected.

In these cases, the statute of limitations still applies, and charges can be returned before that time expires.

What is Dismissed with Prejudice?

If your case is dismissed with prejudice, the charges will be permanently dropped. The prosecution cannot bring them back, even with new evidence. This generally happens when:

Your constitutional rights were significantly violated.
Key evidence was obtained unlawfully and cannot be replaced.
The prosecution failed to proceed properly despite multiple opportunities.

Steps to Dismiss Your Criminal Charges

Successfully dismissing charges often requires filing legal motions and identifying procedural flaws or legal defenses. Here’s how a skilled defense attorney may approach it:

1. Motion to Suppress Evidence (Illegal Search or Seizure)

Your lawyer can argue that police violated your Fourth Amendment rights by conducting an unlawful search. If the court agrees, key evidence may be excluded, making the case too weak to proceed.

2. Insufficient Evidence or Unreliable Witnesses

If the evidence does not support the charges or key witnesses lack credibility, your attorney can file a motion to dismiss based on a lack of prosecutable material.

3. Violation of Constitutional Rights

This includes being denied your right to counsel, not reading about your Miranda rights, or being subjected to unlawful detention. These violations can justify a full dismissal.

4. Pretrial Diversion or Deferred Entry of Judgment (DEJ)

Some cases, especially first-time, non-violent offenders qualify for diversion programs. Completing these can lead to full dismissal, such as through California’s PC 1000 or DEJ programs.

5. Victim or Witness Refuses to Testify

In cases like domestic violence, if a victim or essential witness refuses to testify, the prosecution may be unable to prove its case and may choose to drop the charges.

6. Prosecutorial Discretion or Filing Errors

The defense can persuade prosecutors to drop weak cases. In other instances, clerical errors or incorrect charge filings may render the case invalid, leading to dismissal.

7. Plea Bargains That Result in Dismissal

In some agreements, the defendant accepts certain conditions (like counseling or probation) in exchange for eventual dismissal of charges. This is common in low-level offenses.

8. Specialty Courts: Mental Health or Veterans Court

Defendants with qualifying conditions may enter alternative court programs focused on the treatment of punishment. Completing these can result in a full dismissal.

What are the Grounds of Dismissal of Criminal Charges in California?

Grounds for dismissal vary by case but often include:

Lack of sufficient evidence to prove guilt beyond a reasonable doubt
Constitutional violations like unlawful searches or lack of Miranda warnings
Double jeopardy protections (can’t be tried twice for the same crime)
Statute of limitations running out before charges were filed
Improper or illegal arrests or police misconduct

Your defense attorney will examine these areas to build a dismissal strategy.

What are the Potential Implications for Dismissal of Criminal Charges?

Positive Outcomes:

You avoid a criminal conviction and its consequences.
Your case won’t proceed to trial, saving time and stress.
It may help protect your immigration status and employment opportunities.

Ongoing Concerns:

The arrest may still show up on background checks.
You may need to file a motion to seal your arrest record to avoid future complications.

If My Case Gets Dismissed, Will I Still Have It on My Record?

Yes, dismissal doesn’t automatically remove your arrest from public records. However, under California Penal Code §851.91, you can petition to have your arrest sealed. Doing so can significantly reduce the impact of a dismissed case when applying for jobs, housing, or professional licenses.

Tip: Work with your attorney to file for sealing immediately after your case is dismissed to ensure maximum protection.

How Can DefendCA Help You

At DefendCA, we’re committed to defending your rights with tenacity, skill, and compassion. Our experienced California criminal defense attorneys will:

Thoroughly review your case for procedural flaws, unlawful actions, and dismissal opportunities
File motions to suppress evidence or dismiss charges when applicable
Pursue alternatives like diversion programs or specialty courts
Engage prosecutors early to reduce or drop charges when appropriate

We’ve successfully helped countless Californians get their charges dismissed, and we’re ready to fight for your best outcome too.

Getting your criminal charges dismissed isn’t about luck—it’s about timing, strategy, and having the right legal team on your side. Whether you’re dealing with a first-time offense, an arrest based on questionable evidence, or facing procedural errors, there are legal pathways that could lead to dismissal.

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