What Does It Mean To Have A Drug Offense Dismissed?
If you have been arrested for drug charges in or around Temple, Texas, you should be seeking help from a Temple drug defense lawyer as soon as possible to help you determine the best way to fight the charges. While you wait for the case to move forward and to decide on the most appropriate defense strategy for your case, you might be wondering if you will be able to have your charges dropped or dismissed, or whether you can get acquitted. What does it mean to have a drug charge dismissed? When your charges are dismissed, is this different from having the charges dropped? And how do these terms relate to an acquittal? Our firm is here to help.
Understanding Dismissals
If your drug charges are dismissed, this typically means that the judge has decided to dismiss the charges against you due to insufficient evidence or an error that resulted in your rights being violated, or that a prosecutor has decided there is not enough evidence to get a conviction or that a mistake has been made such that the charges against you need to be dismissed. Dismissals of drug charges typically occur once the trial process has begun and once the criminal charges against you have been filed.
Charges can also be dismissed if you accept a plea deal offered by the prosecutor. The prosecutor can offer to dismiss the charges you are facing in exchange for you agreeing to plead guilty to a lesser charge. Under the Texas Code of Criminal Procedure, a presiding judge must always consent to a case being dismissed.
Is There a Difference Between a Dropped Charge and a Dismissed Charge?
While charges against you can be dismissed once the charges have been filed, a case against you can be dropped before the charges are filed. In other words, a case is typically dropped relatively early in the criminal justice process, and it is the prosecutor who decides to drop the case against you. The reasons for dropping cases are often similar to reasons for dismissing charges, such as insufficient evidence, a violation of the defendant’s rights, and related reasons.
How Dismissals Are Distinct from Acquittals
An acquittal is much different from having your case dropped or your charges dismissed. When you are acquitted of drug charges in Texas, this means a jury has heard the entire case against you and has heard your defense, and the jury has decided that you are not guilty of the charges. To be clear, an acquittal means that you have been found “not guilty” of the charges you had been facing.
Contact Our Temple Drug Crime Defense Lawyers Today
If you are facing any type of drug charges in Texas, it is essential to work with a Temple drug crimes lawyer who can help you to fight the charges. Depending upon the specific facts of your case, it could be possible to have the charges against you dismissed, or we can fight the charges in court to try to get an acquittal. Do not hesitate to get in touch with our firm to find out more about how we can help you when you are facing drug charges. Contact The Law Office of Katie L. Gomez, PLLC for more information.
Source:
statutes.capitol.texas.gov/Docs/CR/htm/CR.32.htm
