Prosecutors may decide to drop a criminal case for various reasons. However, it’s important not to rely on this happening. If you’re facing criminal charges in Wisconsin, the best way to protect your rights is to hire an experienced criminal defense attorney.

That said, some of the reasons prosecutors may drop a case are that police violated the defendant’s constitutional rights, they lack evidence or resources, or the crime victim refuses to cooperate.

Constitutional Amendment Violations

The two main amendments that police could violate, leading to prosecutors dropping charges, are the Fourth and Sixth Amendments.

Under the Fourth Amendment, police must have valid warrants or reasonable suspicion to conduct searches and seizures. If police collect evidence without a warrant, that evidence may not be admissible in court.

Under the Sixth Amendment, individuals charged with crimes have the right to have an attorney. If police interrogate a suspect without their attorney present after they previously requested their attorney, that is a violation of their rights. In this case, the prosecution cannot use the evidence gathered from the interrogation.

Lack of Evidence

While prosecutors typically wait to file charges until they have the evidence they need, they sometimes lose access to that evidence. For example, if prosecutors charge you with driving under the influence based on a chemical blood test, their case will fall apart if they can no longer use those test results in court.

Disputing evidence is one of the primary roles of a criminal defense attorney. While attorneys can attempt to discredit witnesses during the trial, the best way to handle physical evidence is often to have the court dismiss it before the trial begins.

Lack of Resources

If the crime prosecutors charge you with is relatively minor, such as a traffic violation or possessing a small amount of drugs, they may drop the charges because they simply don’t have the time and resources.

In cities like Madison, prosecutors may be more interested in going after more serious offenses. If they don’t have the time and resources to spend on your case, they may drop the charges entirely.

Lack of Victim Cooperation

Some crimes have victims, and prosecuting those crimes can rely on victim cooperation. For example, the victim may need to identify the defendant and testify against them. But, for various reasons, victims sometimes don’t want to cooperate with prosecutors.

Sometimes, victims refuse to cooperate with the prosecutor’s investigation. Other times, they fail to show up to court. Regardless of the victim’s reason, if they don’t participate in the investigation and trial, the prosecutors may have no choice but to drop the charges.

Criminal Defense Attorney in Madison, Wisconsin

Assuming prosecutors will drop the charges against you is never a good idea. Any time you face charges, you should take them seriously and proceed as if your case will go to trial.

If you’re facing criminal charges in Madison, contact Nicholson Goetz & Otis, S.C., to speak with an experienced criminal defense attorney about your case. We’ll review the evidence against you and help you determine the best legal strategy for your defense.