Carolina Criminal & DUI Lawyer BlogDismissal of criminal charges in North Carolina is not a simple or guaranteed process. Understanding specific 
legal mechanisms, carefully examining the details of each unique case, and seeking guidance from an experienced criminal defense lawyer are important first steps.
Indeed, facing criminal allegations can be a daunting experience. The prospect of potential consequences and the complexities of the legal system can leave you feeling overwhelmed.
In this challenging time, we think it’s a good idea to explore options for resolving the case, including the possibility of having charges dismissed.
North Carolina law provides several pathways that may lead to dismissal, such as deferred prosecution or conditional discharge, each with its own set of criteria and considerations.
This discussion aims to provide clear, factual information about criminal charge dismissals. We’ll explore some of the types of dismissals available under North Carolina law, factors that may influence the outcome of a case, and the role of defense attorneys in navigating these processes.
We’ll also touch on how cases may be handled in different counties across the Charlotte metro region, including Mecklenburg, Iredell, Union, Gaston, Lincoln, and Rowan.
It’s important to approach this topic with a realistic perspective. While dismissal might be a goal in criminal defense, understanding the full scope of your legal situation, potential alternatives, and the steps involved in building a defense strategy are important. Every case is unique, with its own set of facts, circumstances, and legal considerations.
In the following sections, we’ll delve into the specifics of criminal charge dismissals in North Carolina.
Our goal is to provide you with accurate, comprehensive information to help you better understand the legal landscape. This information, while informative, is not a substitute for personalized legal advice. The particulars of your situation will ultimately determine the most appropriate course of action.
As we explore this topic, remember that the legal system can present unexpected challenges and outcomes. From the outset, it’s important to understand there are no guarantees and even a clean record does not automatically entitle anyone to a dismissal of charges.
Understanding Criminal Charge Dismissals in North Carolina
In North Carolina’s legal system, a dismissal of criminal charges refers to the termination of a case without a conviction. This outcome can occur through various legal mechanisms, each with its own set of requirements and implications. It’s important to recognize that dismissals are not automatic or guaranteed, regardless of the circumstances surrounding a case.
The North Carolina General Statutes outline several pathways that may lead to a dismissal. These include things like deferred prosecution, conditional discharge, voluntary dismissal by the prosecutor, and dismissal by a judge.
Each potential option serves a different purpose and applies to specific situations, fact patterns, and types of criminal charges.
What is Deferred Prosecution?
Deferred prosecution, as described in §15A-1341(a1), allows certain defendants charged with Class H or I felonies or misdemeanors to demonstrate good conduct over a period of time.
It’s important to note that deferred prosecution is not available to everyone. The statute specifies that the defendant must not have been previously placed on probation and must be unlikely to commit another offense other than a Class 3 misdemeanor.
What is a Conditional Discharge?
Conditional discharge, outlined in §15A-1341(a4), is another potential path to dismissal. This option may be available for Class H or I felonies or misdemeanors.
In a conditional discharge, the court defers further proceedings without entering a judgment of guilt, placing the defendant on probation. Like deferred prosecution, conditional discharge has specific eligibility requirements, including the defendant’s lack of prior felony convictions or misdemeanors involving moral turpitude.
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It’s important to understand that these dismissal options are not available for all types of charges. For example, §15A-1341(a) explicitly states that deferred prosecution and conditional discharge are not available for impaired driving charges under N.C.G.S. § 20-138.1.
As such, DUI charges in North Carolina are not eligible for deferred prosecution or other type of deferral program. We help clients with DUI charges in Charlotte metro region, including places like Mecklenburg, Union, Iredell, Gaston, Rowan, and Lincoln County NC.
What is a Voluntary Dismissal?
Prosecutors also have the discretion to voluntarily dismiss charges in certain circumstances. This decision may be based on various factors, including the strength of the evidence, availability of witnesses, the interests of justice, or resource allocation considerations.
However, it’s important to note that a prosecutor’s decision to dismiss charges is entirely within their discretion and is not a right that can be demanded by a defendant or even the alleged victim.
Once again, with regard to DWI charges, a dismissal of charges is frankly more difficult than even substantially more serious criminal charges.
An assistant district attorney is required to complete extensive documentation and an in-depth explanation of why DUI charges in North Carolina are being dismissed.
Under N.C.G.S. §20-138.4, prosecutors must provide detailed explanations when reducing or dismissing charges in implied-consent cases or those involving driving while license revoked for impaired driving. The prosecutor must explain orally in open court and in writing the reasons for:
- Entering a voluntary dismissal
- Accepting a plea of guilty or no contest to a lesser included offense
- Substituting another charge carrying a lesser mandatory minimum punishment or not subject to implied-consent law
- Taking any discretionary action that effectively dismisses or reduces the original charge
General explanations such as “interests of justice” or “insufficient evidence” are deemed insufficient. The written explanation must be on an approved form, signed by the prosecutor, and include specific details such as:
- Alcohol concentration or driver’s refusal
- Prior convictions of implied-consent offenses or driving while license revoked
- Driver’s license status
- Any pending charges
- Elements the prosecutor believes can be proved, and those that cannot (with reasons)
- Information about the charging officer
- Reasons for dismissal
This form must be sent to the head of the charging officer’s law enforcement agency, the district attorney employing the prosecutor, and filed in the court file. The Administrative Office of the Courts is directed to electronically record and make this data available upon request.
Can the Judge dismiss the charges?
Another significant source of dismissals comes from judges.
A judge may dismiss a case for various legal reasons, typically in response to pretrial motions filed by the defense. These motions might argue for dismissal due to lack of evidence, suppression of improperly obtained evidence, lack of jurisdiction, or violations of the defendant’s constitutional rights.
For example, if a judge grants a motion to suppress key evidence because it was obtained through an illegal search, the prosecution may be left without sufficient evidence to proceed, leading to a dismissal.
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Understanding these dismissal mechanisms is just the first step. The application of these options depends on the specific facts of each case, the defendant’s criminal history, and the discretion of the court and prosecutors.
We think retaining an experienced criminal defense and/or DUI lawyer can be valuable in navigating these complexities and advocating for the most appropriate resolution in each unique situation.
It’s also worth noting that even if a case is dismissed, it may still appear on a person’s record unless additional steps are taken to expunge or “purge” the record. This is an important consideration, as dismissed charges can sometimes still have implications for employment, housing, or other areas of life.
In the next sections, we’ll delve deeper into the role of defense attorneys in seeking dismissals and explore other factors that can influence the outcome of criminal cases in North Carolina.
The Role of Defense Attorneys in Seeking Dismissals
Defense attorneys play a critical part in the process of seeking dismissals for their clients in North Carolina. Their role extends beyond simply requesting that charges be dropped.
We employ a multifaceted approach that involves thorough case analysis, strategic planning, and skilled advocacy – Bill Powers, DUI Defense Lawyer
One of the primary responsibilities of a defense attorney is to conduct a critical review of the case and fact pattern.
This includes examining things available evidence, video recordings, police reports, witness statements, and other relevant information. Through this process, our goal is to identify weaknesses in the prosecution’s case, if any, or potential violations of our client’s rights that could be the basis for a dismissal. 
For instance, in cases where evidence was obtained through unconstitutional means, a defense attorney might file a motion to suppress. If granted, this could result in key evidence being excluded from trial. In situations where this evidence is central to the prosecution’s case, its exclusion might lead to a dismissal of charges. Obviously, that is by no means guaranteed.
In some instances, even with the exclusion of certain pieces of evidence, there remains enough other proof to allow for prosecution and possible conviction. Each case and fact pattern is different. That’s one reason it makes sense to review charges holistically, considering and weighing the evidence in the totality.
Defense attorneys also regularly play an important role in negotiating with prosecutors.
While prosecutors have discretion in dismissing charges, defense attorneys advocate for the best interests of their client, speak truth to power, encourage reasonableness, and when appropriate, provide an explanation why a dismissal might be appropriate.
This could involve highlighting mitigating factors, demonstrating weaknesses in the State’s case, or proposing alternative resolutions that serve the interests of justice without requiring a full prosecution.
In cases where deferred prosecution or conditional discharge might be options, defense attorneys also explain and help guide clients through the process.
Even in cases like DWI charges, where deferral programs are not available, attorneys can still explore other avenues for potential dismissal of charges, including possibly challenging the legal basis for the stop and/or probable cause for arrest. Again, facts matter, especially when it comes to advocating for the appropriate legal resolution to criminal charges.
Defense attorneys also serve as educators for our clients.
We explain the various dismissal mechanisms, the likelihood of success for different strategies, and the potential consequences of each course of action. This allows clients to make informed decisions about their criminal charges.
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It’s important to note that while defense attorneys seek dismissals where appropriate, we also prepare for the possibility that a case may go to trial.
In the context of DWI cases, where dismissals are more challenging to obtain, defense attorneys may focus on scrutinizing the evidence rigorously. When appropriate, we may challenge the validity of field sobriety tests, question the accuracy of breathalyzer results, or examine whether proper procedures were followed during the arrest and subsequent processing.
Ultimately, the role of a defense attorney in seeking dismissals is to explore legal avenues available, advocate for our client’s best interests, and educate our clients as to the realities of the legal system, and manage expectations.
Factors Affecting Case Dismissals in North Carolina
Several factors can influence the possibility of a case dismissal in North Carolina’s criminal justice system. These factors vary depending on the nature of the charges, the circumstances of the arrest, and the overall strength of the prosecution’s case.
The quality and admissibility of evidence can also play a significant role. If key evidence was obtained through improper means, such as an unlawful search or seizure, it may be suppressed. This could potentially lead to a dismissal if the remaining evidence is insufficient to support the charges.
Procedural errors can also impact a case. For instance, if law enforcement failed to follow proper protocols during an arrest or if there were issues with the chain of custody for evidence, these mistakes might provide grounds for dismissal.
The availability and credibility of witnesses can be crucial. If essential witnesses are unavailable or their testimony is found to be unreliable, the prosecution may struggle to build a strong case, potentially leading to dismissal.
In some cases, new evidence may come to light that exonerates the defendant or casts significant doubt on their guilt. This could prompt the prosecution to dismiss charges rather than proceed with a weakened case.
The defendant’s prior criminal record, or lack thereof, may influence decisions about dismissal, particularly in cases where deferred prosecution or conditional discharge are options – Bill Powers, Criminal Defense Attorney
Resource constraints within the judicial system can sometimes factor into dismissal decisions. Prosecutors may prioritize cases based on severity and available resources.
It’s important to note that in DWI cases, dismissals are generally more difficult to obtain due to strict statutory requirements and public safety concerns. In these cases, factors such as the accuracy of field sobriety tests or breath/blood alcohol measurements become particularly important.
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Ultimately, each case is unique, and the specific combination of factors will determine the likelihood of dismissal. An experienced defense attorney can help identify and leverage these factors when appropriate.
Navigating the Path Forward: Your Rights and Options in North Carolina Criminal Cases
Navigating the complexities of criminal charge dismissals in North Carolina demands a clear understanding of the law and a realistic approach to each unique case. From deferred prosecution and conditional discharge to voluntary dismissals and judicial interventions, the pathways to potential dismissal are varied and nuanced and are by no means guaranteed or promised.
The role of defense attorneys in this process cannot be overstated. We critically analyze cases, identify legal issues, negotiate with prosecutors, and advocate for our clients’ best interests. Again, it’s important to remember that no outcome is guaranteed in our legal system.
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Factors such as evidence quality, procedural correctness, witness availability, and even systemic resources can all influence the trajectory of a case. In DWI cases particularly, the bar for dismissal is set high, reflecting the seriousness with which North Carolina law treats DWI charges. It doesn’t matter if you’re in Mecklenburg, Iredell, Union, or Gaston County NC. Impaired driving is taken seriously by judges, prosecutors, and lawyers.
For anyone facing criminal charges, education is power. Understanding the potential avenues for dismissal, the factors that might influence your case, and the role your attorney plays can help you make informed decisions during a challenging time.
Remember, each case is distinct. What worked in one situation may not apply in another. The legal system is complex, and outcomes can be unpredictable. However, by working closely with a knowledgeable defense attorney, you can explore all available options for your specific circumstances.
In the end, while dismissal may be a goal, it’s just one part of a larger legal strategy. Being prepared for all possibilities, understanding your rights, and actively participating in your defense are key elements in navigating the criminal justice system in North Carolina.
How Do I Get My Charges Dismissed?
Defense lawyers deal with the question, “How do I get my charges thrown out?” on an almost daily basis. The harsh reality is you should not assume it’s automatic.
You don’t just get a dismissal because a criminal conviction will hurt you. While a clean record and an overall hard-working life are factors to consider, there is no automatic Get Out Of Jail Free card like Monopoly.
No one is entitled to an automatic dismissal.
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As criminal charges get more serious, clients seem to understand it can be complicated.
People often comment, “I’m a good person, why aren’t police officers arresting people for murder and rape charges?” While that’s quite human and, to some extent, understandable, that doesn’t really help the situation. Indeed, it may betray unrealistic expectations.
Going to court by yourself, assuming you can “just talk to the DA and they’ll drop the charges,” again a relatively common statement exposes a misunderstanding of the legal system.
Prosecutors in North Carolina, also called an ADA (“the DA”) or Assistant District Attorneys, are legal professionals, dedicated to justice. Their understanding of “justice” may or may not include giving people a “break” and dismissing charges.
They are called prosecutors for a reason. They prosecute criminal charges and traffic tickets for a living.
They are not called “Assistant District Attorneys and Facilitators of Dismissals.” Their idea of justice for the community may include prosecuting you to the fullest extent of the law.
They may take the position that what is “just” or “fair” includes jail time or a prison sentence. They may very much want you to have a permanent criminal record.
We see people in court who appear pro se, not fully understanding the full impact of the adversarial system. At times, maybe for minor compliance issues involving a vehicle inspection ticket, an ADA may be amenable to a dismissal of charges. On the other hand, I’ve seen people come in, cut an attitude, assume they’re entitled to a dismissal, and make a bad situation worse – Bill Powers, Criminal Defense Lawyer