How to Get a Criminal Charge Dropped in Florida [2025 Guide]

How to Get a Criminal Charge Dropped in Florida

Facing a criminal charge does not mean you will be convicted. With the right legal strategy, it may be possible to avoid a trial. If you are unsure how to get a criminal charge dropped in Florida, understanding your legal options is the first step toward building an effective defense.

Having a case dropped means that you were not convicted, and the case is completed and will not move forward. It is crucial to discuss your options with an experienced criminal attorney in St Augustine who can devise a plan of action and advocate for the optimal outcome. In St. Johns County, the Seventh Circuit Court oversees criminal cases. The Seventh Judicial Circuit, based in east-central Florida, serves the counties of Flagler, Putnam, St. Johns, and Volusia.

how to get a criminal charge dropped in florida

Avoiding a trial and having your criminal case dropped is an option you may choose to pursue. There are many benefits to avoiding a court trial, including saving time and money and maintaining your privacy. If charges are dropped prior to a court date, you will avoid a criminal record and conviction.

If charges against you are dropped, you will be immediately released from police custody. If you are facing a criminal charge, you will want to find a skilled criminal defense attorney with whom to discuss your case.

Typical Factors That Lead to a Criminal Case Being Dropped

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The most common reasons for dropping a criminal case include procedural errors committed by law enforcement or the prosecution. If any of the following have occurred, your attorney may be able to pursue legal steps to get a criminal charge dropped:

If evidence was collected without probable cause or a valid search warrant, there may have been a violation of the Fourth Amendment. Your attorney will review the evidence to determine any inconsistencies or weaknesses. Your defense attorney can request that the evidence obtained be excluded due to illegal search and seizure and that the case be dropped.
If law enforcement failed to read the suspect’s Miranda rights before being taken into custody and questioned, any statements made may be inadmissible in court. This includes a confession or incriminating statements and may lead to the case being dropped.
Under Florida law, the prosecution must be ready to present its case within 175 days after the date that formal charges were filed. Failure to do so without a valid reason is a violation of the defendant’s right to a speedy trial. This may lead to dropped charges.
If the suspect was pressured or coerced by law enforcement into committing a crime they otherwise would not have committed, this constitutes entrapment. An attorney can argue an entrapment defense, and charges may be dropped.
A legal arrest requires a demonstration of probable cause. Police must rely on more than suspicion and must have reasonable evidence that a crime has been committed. If there is insufficient evidence, charges may be dropped.
Prosecutorial misconduct is another potential cause for dropping criminal charges. This occurs when an attorney for the prosecution breaks the law, court rules, or the code of ethics of the practice of law. A common example is the failure to turn over relevant evidence to the defense.

Steps to Follow to Get a Criminal Charge Dropped in Florida

Your attorney will guide you through the process of requesting that charges be dropped. Both you and your attorney will be active participants in the process. The key steps include:

Consult with and hire a Florida-licensed criminal defense attorney. Avoid speaking to the police or the prosecution without your attorney present.
Follow all advice provided by your attorney and attend all court proceedings.
Provide relevant information and evidence to support your defense. This may include documents, witness statements, and video footage.
File a motion to dismiss.

All Cases are Unique, and You Should Have an Individualized Defense

Criminal defense strategies will vary based on the characteristics of each case. Your attorney will work with you to develop the strategy for dropping your case that will yield a positive result. Having criminal charges dropped is a complex process that will require legal proficiency.

get a criminal charge dropped in florida

FAQs About How to Get a Criminal Charge Dropped in Florida

How Do You Get Charges Dropped in Florida?

It is not uncommon to have charges dropped in Florida, and a skilled attorney can help navigate this process. Often, procedural errors are committed by the police or the prosecution. A judge may determine there is no legal basis for the case or that the defendant’s constitutional rights were violated. These errors may lead to charges being dropped.

How Do You Convince a Judge to Drop Charges?

An experienced defense attorney will understand the potential reasons charges can be dropped and will present the relevant information to the presiding judge in the case. A defense attorney will file a motion with the court. The judge will hear arguments that outline procedural errors that were committed by either law enforcement or the prosecution. A skilled defense attorney will present evidence of misconduct through proper legal filings and during court appearances in front of the judge.

How Much Does It Cost to Seal a Criminal Record in Florida?

The cost to seal a criminal record in Florida will depend on the underlying offense and the complexity of your case. Your attorney will typically charge a flat fee for services. Additional costs may include court and processing fees, costs associated with document retrieval relevant to your case, notary, mailing, and copying costs, and the Florida Department of Law Enforcement (FDLE) application fee.

How Do You Get a Criminal Case Dismissed?

An attorney will file the relevant legal motions that identify the grounds for the case to be dismissed. An experienced defense attorney will help you understand the potential legal reasons for dismissing criminal charges and will guide you through the process. Your attorney may be able to challenge the prosecution’s witness testimony and evidence, work with the prosecution to drop criminal charges, or arrange for participation in a pre-trial diversion program or other alternative sentencing.

Discuss Your Case With a Florida Criminal Defense Attorney

If you are facing criminal charges in St Johns County or northeast Florida, the offices of Kevin A. Raudt, P.A., can provide assistance. You will receive a clear explanation of the legal process and customized options and strategies. Over the past 40 years, our team has handled thousands of criminal cases and has maintained high ratings from clients and peers. Contact the office today to schedule a consultation.

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