How Can I Get The CPS To Drop The Charges Against Me?
Being charged with a crime is one of the most stressful and scary things that can happen to a person. Yet, it is vital to remember that being charged with a crime does not always mean it will go to trial. Indeed, with the expert advice and help of a dedicated legal team, you may be able to get the charges dropped. Read on to find out more.
Can a case be dismissed before trial UK?
The answer to the question ‘can the CPS drop a case before a trial’ is yes. A case can be dismissed before trial in the UK in two different ways – formal acquittal and discontinuance.
Formal acquittal
A formal acquittal is the same as a not-guilty verdict. For a case to be formally acquitted the prosecution must choose to offer ‘no evidence’ in court. Cases that are formally acquitted are rarely re-instigated. In essence, a formal acquittal means the prosecution does not have enough evidence to make a good case that will result in a conviction.
Discontinuance
Discontinuance is different from a formal acquittal because the case can be picked up again, using the same evidence. The court also does not have to give permission for a discontinuance but does for a formal acquittal. Discontinuance can often be used by the prosecution to grant them additional time to get more organised for the trial.
How to get charges dropped before court date UK?
To successfully get the charges against you dropped before your court date, you need to work with your legal team, who will use one or more of the following reasons:
If the evidence used against you was obtained illegally
If the evidence the prosecution uses against you has been found to be obtained in a way that is illegal, it can be ruled inadmissible in court. This can weaken the case against, and if it does so to the degree that it impedes the chance of conviction, the CPS may choose to drop charges.
It is not in the public interest to go ahead with the prosecution.
If prosecuting your case is deemed not to be in the public interest, the CPS may drop the charges. There is a wide range of factors that must be considered by the CPS to ascertain whether your case is in the public interest or not.
These include the seriousness of the offence, the impact of the offence on the community, whether any informants need to be protected, the age and maturity level of the suspect, culpability, the harm that was done to the victim, and the seriousness of the offence committed.
Lack of evidence
Last of all, one of the most common reasons that the CPS might drop charges is that the prosecution does not have enough evidence to convict. In this case, it would be a waste of public resources to hear the case when the likelihood of a conviction was already deemed to be low.
An expert lawyer from JD Solicitors can provide you with the best advice about getting the charges against you dropped.
Our extensive knowledge of criminal law means we can provide immediate and accurate advice concerning getting the charges against you dropped. Speak to our dedicated and relentless criminal law experts 365/24/7 at the numbers below:
Birmingham: 0121 674 4100
Willenhall: 01902 632 123
Emergency line: 07971 194 042