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How to Get a Criminal Case Dismissed in NYC
How to Get a Criminal Case Dismissed in New York City
If you’ve been arrested in New York City, one of your first questions is probably:
“Can my criminal case be dismissed?”
The answer is yes—but only under the right circumstances.
Every criminal case is different. Some cases are dismissed because the prosecution lacks evidence. Others are dismissed because the police violated the Constitution, the criminal complaint is legally defective, or the prosecutor failed to comply with New York’s speedy trial law.
An experienced NYC criminal defense lawyer can evaluate your case and determine whether there is a legal basis to seek dismissal before trial.
Below are the most common ways criminal charges are dismissed in New York.
1. Criminal Charges Can Be Dismissed Because of Exculpatory Evidence
One of the strongest ways to get a criminal case dismissed is to uncover evidence proving that you did not commit the crime.
This is called exculpatory evidence.
For example, suppose you are arrested for domestic violence after someone claims you assaulted them on a street corner at a specific time.
Your attorney subpoenas surveillance footage from nearby businesses.
The video clearly shows that although the two of you argued, there was never any physical contact.
In many cases like this, prosecutors will voluntarily dismiss the charges because they know they cannot prove guilt beyond a reasonable doubt.
If prosecutors refuse to dismiss the case despite compelling evidence of innocence, your attorney may ask the court to dismiss the case in the interest of justice. These motions are granted infrequently, however, meaning the ultimate remedy may be presenting the evidence to a jury at trial.
Even when exculpatory evidence does not conclusively establish innocence, it can dramatically weaken the prosecution’s case.
For example, if the complaining witness later admits they were intoxicated and no longer remembers what happened, prosecutors may conclude they are unlikely to obtain a conviction and may dismiss the charges or offer a substantially better plea bargain.
2. A Criminal Complaint May Be Legally Insufficient
Not every arrest alleges conduct that actually constitutes a crime.
A criminal defense attorney can file a motion to dismiss for legal insufficiency, arguing that—even assuming every allegation is true—the facts do not establish every required element of the charged offense.
For example, suppose you are charged with Stalking in the Fourth Degree because you board the same subway train every morning as another commuter, exit at the same station, and walk into the same office building.
Those facts alone do not necessarily establish stalking.
One required element of stalking is that the defendant engages in a course of conduct with no legitimate purpose.
If you are simply commuting to work, your conduct has a legitimate purpose.
When the allegations fail to establish every element of the offense, the court can dismiss the criminal charge.
3. Constitutional Violations Can Result in Dismissal
The Constitution protects people from unlawful police conduct.
If police violate your constitutional rights, critical evidence may be suppressed.
For example, suppose police illegally search your vehicle and recover a firearm.
If the court determines the search violated the Fourth Amendment, the firearm may be suppressed.
When evidence is suppressed, prosecutors cannot use it at trial.
If the suppressed evidence is essential to proving guilt, prosecutors often have no practical choice but to dismiss the charges.
Common constitutional violations include:
- Illegal vehicle searches
- Illegal apartment searches
- Unlawful stop-and-frisks
- Arrests without probable cause
- Statements obtained after violations of Miranda rights
4. Speedy Trial Violations Can Lead to Dismissal
One of the most common ways criminal cases are dismissed in New York is through New York’s speedy trial statute.
Unlike the constitutional right to a speedy trial, New York’s speedy trial law places strict deadlines on prosecutors to be ready for trial.
The deadline depends on the seriousness of the offense.
Because prosecutors often carry overwhelming caseloads, they sometimes fail to announce readiness within the required time.
When that happens, your attorney can file a motion seeking dismissal.
Many misdemeanor cases are dismissed every year because the prosecution exceeds the statutory speedy trial deadlines.
Can a Lawyer Get Criminal Charges Dropped?
Yes.
Although no attorney can guarantee dismissal, an experienced criminal defense lawyer can identify weaknesses in the prosecution’s case and determine whether legal grounds exist to seek dismissal.
Depending on the facts, your attorney may:
- File a motion to dismiss
- File a motion to suppress evidence
- Negotiate dismissal with the prosecutor
- Seek dismissal under New York’s speedy trial law
- Present exculpatory evidence demonstrating innocence
The earlier an attorney becomes involved, the greater the opportunity to preserve evidence, interview witnesses, subpoena surveillance footage, and identify constitutional issues.
What Are the Chances My Criminal Case Will Be Dismissed?
There is no universal answer.
Some cases are dismissed within days.
Others require months of litigation.
Whether your case can be dismissed depends on factors including:
- The strength of the prosecution’s evidence
- Whether police violated your constitutional rights
- Whether the criminal complaint is legally sufficient
- Whether exculpatory evidence exists
- Whether prosecutors comply with New York’s speedy trial law
An experienced criminal defense lawyer can evaluate these issues and advise you regarding your chances of obtaining a dismissal.
Talk to an NYC Criminal Defense Lawyer About Getting Your Charges Dismissed
If you’ve been arrested in New York City, don’t assume your case has to end in a conviction.
Many criminal cases can be dismissed before trial when the facts and the law support dismissal.
Attorney Cody Warner represents clients throughout New York City facing misdemeanor and felony charges, including cases involving Desk Appearance Tickets, assault, theft, gun charges, domestic violence, drug offenses, and other criminal accusations.
Contact us today for a free consultation to discuss whether your criminal charges can be dismissed.