Can sex crime charges be dropped? Yes, sex crime charges can be dropped under certain circumstances. Weak evidence, inconsistencies in the accuser’s testimony, or procedural errors are some of the reasons charges might not proceed. However, this decision rests with the prosecutor, and due to the seriousness of these allegations, prosecutors are often reluctant to dismiss charges without pursuing a conviction or at least taking the case to trial.
In rare cases, a judge may dismiss charges, but this is less common and usually occurs when there is insufficient evidence, procedural violations, or legal errors that undermine the prosecution’s case.
The best thing you can do for yourself when charged with a sex crime is to contact a criminal defense lawyer immediately. Combs Waterkotte‘s sex crime attorneys have successfully handled over 10,000 cases just like yours. Contact us online for a free case review, or read on to see how we can pursue a dismissal of your sex crime charges.
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What Does It Mean to Have Charges Dropped?
When charges are dropped, it means the prosecution has decided not to move forward with the case against you. This can happen at any point before the trial, and it often indicates that the evidence isn’t strong enough to support a conviction or that there were issues with how the case was handled.
Having your sex crime charges dropped is different from an acquittal-being found “not guilty” at trial. If your charges are dropped, the legal case against you stops immediately, allowing you to avoid the stress, expense, and uncertainty of a trial.
On the other hand, an acquittal happens when the case goes to trial and the jury or judge finds that the prosecution did not prove the case against you beyond a reasonable doubt.
It’s very rare for prosecutors to drop a case or dismiss charges by themselves. It often takes a strong legal strategy and proactive defense to convince prosecutors to drop charges, especially in sex crime cases where they’ll feel more pressure to gain a conviction.
Reasons Your Sex Crime Charges May Be Dropped
Sex crime charges, or any criminal charges, are typically dropped when:
- The prosecutor realizes their case is too weak to convince a jury you’re guilty; or
- A judge finds that your rights were violated or there was a mistake in how law enforcement handled the case, undermining the fairness of the criminal law process
Why Would a Prosecutor Drop Charges?
Prosecutors have significant discretion when deciding whether to move forward with a case. They may choose to drop sexual crime charges for several reasons, including:
- Not Enough Evidence: If there isn’t enough proof or the evidence is weak, the prosecutor may decide they can’t win the case.
- Unreliable Testimony: If the accuser’s story keeps changing or doesn’t match the facts, the prosecutor might lose confidence in the case.
- New Evidence Shows You’re Innocent: Things like an alibi, texts, or video footage that support your innocence or version of events can make the prosecutor rethink moving forward.
- The Accuser Stops Cooperating: If the person accusing you decides they don’t want to continue, it can make it harder for the prosecutor to proceed. Especially because the alleged victim’s testimony is often their best evidence.
- Other Priorities: Sometimes, prosecutors focus their time and resources on other cases they believe are more serious or easier to prove.
Prosecutors don’t drop sex crime charges lightly, but an experienced sex crimes lawyer can present evidence or arguments that make them reconsider.
Why Would a Judge Dismiss Charges?
Though not as common, a judge can also decide to dismiss charges if there’s a legal or procedural problem with the case. Here’s why a judge might do that:
- Your Rights Were Violated: If the police broke the rules—like searching your home without a warrant—any evidence they got might be thrown out, and the case could be dismissed.
- Lack of Probable Cause: Before the case can go to trial, there has to be enough evidence to show it’s possible you committed the crime. If a judge doesn’t think there is, they can dismiss the case.
- Evidence Was Mishandled: If evidence was lost, tampered with, or the chain of custody was broken, the judge might decide it can’t be used, which could lead to dismissal.
- Prosecution Errors: If the prosecution fails to meet deadlines, comply with court orders, or properly present their case, the judge can dismiss the charges.
It takes a strong defense from a lawyer who knows how to find problems in the prosecution’s case and present them to the court.
How to Get Your Sex Crime Charges Dropped
Getting your charges dropped requires a skilled criminal defense attorney who knows how to negotiate with the prosecution or point out flaws in their case. Depending on the specifics of your case, there are several ways to increase your chances of a dismissal:
Work with an Experienced Lawyer
A good criminal defense attorney knows how to evaluate the evidence, spot weaknesses in the prosecution’s case, and argue for charges to be dismissed. They can:
- Review the details of your case to find errors or inconsistencies
- File motions to dismiss based on lack of evidence or legal mistakes
- Negotiate with the prosecution to reduce or drop charges
Having someone who knows the system and can advocate for you makes all the difference.
Challenge the Evidence
Your lawyer will carefully review all the evidence to find flaws. If the prosecution’s case is weak, they may decide it’s not worth pursuing. Here’s how evidence can be challenged:
- Witness Credibility: Your lawyer can point out inconsistencies or biases in the accuser’s story.
- Improper Police Work: If the police violated your rights (e.g., illegal searches or improper questioning), the evidence they collected could be thrown out.
- Lack of Proof: If there’s no physical evidence or it doesn’t align with the accuser’s claims, the case becomes harder for the prosecution to prove.
Present New Evidence
Your sex crimes defense lawyer will do their own investigation into the circumstances surrounding the alleged event and the facts of your case. They may find evidence that supports your innocence or weakens the prosecution’s case:
- Texts, emails, or messages showing consent or contradicting the accuser’s story
- Surveillance footage or cell phone pings proving you weren’t at the scene
- Testimony from witnesses who can back up your version of events
The stronger your evidence, the more likely the prosecution or judge will reconsider the charges.
Push for Procedural Dismissals
Sometimes, cases are dropped not because of what happened, but because of mistakes the state made during the legal process. This includes:
- Missed Deadlines: If the prosecution fails to meet filing deadlines, charges can be dismissed.
- Mishandling Evidence: Lost, tampered, or improperly stored evidence can weaken their case.
- Lack of Probable Cause: If the evidence doesn’t justify the charges, a judge can dismiss the case.
Accused of a Sex Crime in Missouri? Call Combs Waterkotte Now.
The sooner you involve a defense attorney, the better your chances of getting charges dropped. Acting quickly allows your lawyer to gather evidence, contact witnesses, and challenge the prosecution’s case before it builds momentum.
At Combs Waterkotte, we’ve helped clients across Missouri fight sex crime charges and secure dismissals. If you cannot get your case dismissed, we’ll work to negotiate a favorable plea deal or take your case all the way through a “not guilty” verdict at trial.
Contact us online or call (314) 900-HELP today for a free case review.
