How to Get Charges Dropped Before Court Date

It’s possible to get your charges dropped before your court date. This guide discusses the common ways that charges are dropped before your court date in New York City.

If you are facing criminal charges in New York City, contact NYC criminal lawyer Cody Warner, P.C. for a free consultation. We can can do everything possible to get your charges dropped before your court date.

What Happens When I Receive a Desk Appearance Ticket?

If you are interested in getting your charges dropped before your court date, you probably received a desk appearance ticket (“DAT”). The NYPD issues DATs for certain cases in New York.

Although a DAT may feel like a simple ticket – like a parking ticket – the truth is that most DATs charge criminal offenses that can result in jail time and a criminal record. DATs are simply a way for the police and court to not clog up the system by shuttling arrestees to court immediately after their arrest. When a person is arrested for a DAT eligible offense, the police typically give them a DAT and release them from the precinct. The DAT typically orders the arrestee to appear in court several weeks later.

Naturally, if you receive a desk appearance ticket, you want to get it taken care of as quickly as possible so that you can move on with your life and avoid the stress of a pending criminal case.  

Ways To Get Charges Dropped Before Court Date

If you want to get your charges before your court date, the first thing you should do is retain a criminal defense lawyer. Your criminal defense lawyer will advise you about whether your DAT can be easily dismissed.

Your criminal lawyer can contact the district attorney’s office before your court date. Your lawyer will emphasize aspects of your case that justify the prosecution dropping the charges. For instance, your lawyer may highlight your lack of a criminal record, the weaknesses with the prosecution’s case, any civil rights violations committed by the police, or any combination factors.

Typically, even if the prosecution agrees to drop your charges, you will still need to appear at your first court date. Sometimes the case will be dismissed once you appear in front of the judge, other times it may be dismissed before you even step inside the courtroom. Your criminal lawyer will advise you about what you can expect with your case.

Charges That Can Be Dropped Before Court Date

Some charges have a high potential to be dropped at or before your first court date. However, some charges are almost never dropped by the first court appearance. Usually, only misdemeanor charges are resolved at the first court appearance—felony charges are typically resolved only after multiple court appearances.

The most critical factor that affects whether you can get your misdemeanor charge dropped at your first court date is whether there is an alleged victim.

When an offense involves an alleged victim, the prosecution often wants to investigate the case by speaking with the victim to determine how the victim wants the case to resolve. Although the prosecution controls the case, the prosecution is mindful of the victim’s wishes. It can take time for the prosecution to speak with the victim. Therefore, cases involving victims are usually not resolved at the first court date. Common offenses that involve victims are assault and theft from an individual.

Victimless offenses are more likely to be dropped by your first court date. Some victimless offenses in New York include:

• Misdemeanor drug possession (P.L. 220.03)
• Driving with a suspended license (V.T.L. 511)
• Shoplifting from a store (P.L. 155.25)
• Trespass (P.L. 140.05)
• Misdemeanor possession of weapon (P.L. 265.01)

If you have a misdemeanor DAT that doesn’t involve a victim, your lawyer might be able to get it dismissed by your first court appearance.

Want to Get Charges Dropped Before Your Court Date? Contact Us Today.

If you want to get your charges dropped before your first court date in NYC, contact us for a free consultation. We can discuss your options and do everything possible to get your charges dropped as soon as possible.