How Can I Get My Charge Dismissed?

Your goal is obviously to get your criminal charge dismissed so you walk out of the Wake County Justice Center without any jail time, probation, costs, or fees. Sometimes this is possible; sometimes it is not realistic. You need an attorney who will tell you the truth about your charges.

Here’s What Doesn’t Work

1. Talking to the assistant district attorney. They’ve heard every single excuse and they probably won’t believe yours. It’s not because they are bad people — in fact, most are good humans, they just handle hundreds if not over a thousand cases each week and everyone has a reason why they aren’t guilty. If you plead not-guilty, you are going to trial in district court.

2. Talking to the judge. The only way the judge really wants to hear about your case is if you are taking it to trial. Just asking to speak to the judge will not get your case dismissed.

Here’s What Does Work

1. Hiring a criminal defense lawyer. Each county has its own policies and procedures, and criminal defense lawyers learn them as they practice. These are largely not taught in law school. A criminal defense attorney knows whether your case can be dismissed at all, what to look for on the charging document, what to ask the witnesses or cops, and what programs you may be able to go through to earn a dismissal.

2. Asking the assistant district attorney what you can do for a dismissal. They will often tell you about the programs you can go through, but they will not tell you if the charging document is defective or if the cop or witness isn’t present. Again, they aren’t bad people, but they simply do not have to tell you. It doesn’t seem fair, but it’s reality.

You May Be Able To Get Your Charge Dismissed

Realistically, your best chance is to hire an experienced attorney who knows how to navigate the Wake County system. You need someone who will be frank with you and who will spend the time in court to get you the best result. Contact me at (919) 880-2124.

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