Can Charges Be Dropped Before Court in Connecticut?
One of the most common questions individuals ask after getting arrested is, “can my charges be dropped before I go to court?”
The short answer: yes, it’s possible, but it depends on many different factors, including the charges, the facts, evidence, and what happens early in the case.
This post will explain when the charges can be dropped before court, when they generally are not dropped before court, and why early legal representation makes a difference.
What Does “Dropped Before Court” Mean?
In Connecticut, criminal cases officially begin the moment charges are filed and a court date is assigned. When the question of whether charges can be dropped before court is asked, people generally mean:
The case is dismissed before the first court appearance, or
The prosecutor decides not to pursue the charges after reviewing the evidence
While this can happen, it’s not automatic, and absolutely does not occur in every case.
Who Has the Power to Drop Charges
In Connecticut, the police and the prosecutors work together in some aspects, but separately in others. Most notably, the police are responsible for investigating, arresting, and filing for charges. On the other hand, the prosecutors decide what cases to move forward with prosecuting and whether a case gets dropped.
Once a case is referred to the State’s Attorney’s Office in Connecticut, the prosecutor reviews the evidence and determines whether the case is legally and factually strong enough to proceed. This happens at two different stages:
When police have investigated a case and file an affidavit, seeking an arrest warrant
When an arrest has already been made and a court date has been assigned
Situations Where Charges May Be Dropped Before Court
Insufficient Evidence
If the police reports, witness statements, or physical evidence are lacking or inconsistent, the prosecutor may decide the case cannot be proven beyond a reasonable doubt. When this determination is made, the prosecutor has an ethical duty to drop the case and forgo prosecution.
Common issues include:
Conflicting witness accounts
Lack of physical evidence, like DNA, photos, or videos
Illegal searches or seizures
Other constitutional violations
Constitutional or Legal Violations
If police violated your constitutional rights, the case may be dismissed early.
Examples of these violations include:
Unlawful traffic stops
Illegal searches without a warrant or valid exception
Improper questioning after invoking your right to an attorney
Identifying these issues early can be critical.
Witness or Victim Issues
Many cases depend heavily on witnesses and victims because their potential testimony is key in a potential trial- which the prosecution is constantly thinking about, when prosecuting a case and making determinations on how to resolve it.
If a key witness:
Recants
Changes the details of their story
Becomes unavailable
Refuses to cooperate
The prosecutor may decide that the case is not strong enough to move forward.
One important side not to make is that in Connecticut, victims do not press or drop charges. The decision to move forward with or drop a case rests solely with the prosecution and no one else.
New Evidence Becomes Available
In some situations, evidence is uncovered after an arrest, that is so important, it charges everything. This type of evidence could include:
Surveillance video
Phone records
Alibi evidence
New witness that comes forward
Lab results that become available
Providing this information early can significantly affect whether charges proceed.
Early Attorney Intervention
When a defense attorney is hired pre-arrest or shortly after the arrest, it can greatly affect the trajectory of the case. For example, the attorney can:
Communication with the prosecutor before court
Present mitigating evidence
Clarify misunderstandings in police reports
Advocate for dismissal before formal proceedings
Early intervention- just like in the field of medicine, can make a very meaningful difference.
When Charges Are Unlikely to Be Dropped Early
Charges are less likely to be dropped before court when:
The evidence is strong
There are multiple corroborating witnesses
The case involves serious violence or weapons
Mandatory arrest policies apply, such as domestic violence cases
That being said, even strong cases may still be reduced or resolved favorably later.
When charges are not dismissed before court, the case proceeds to arraignment and pretrial negotiations.
Many Connecticut criminal cases are resolved without a trial, but the groundwork is often laid early.
Contact An Attorney Today
Speaking with a criminal defense attorney as soon as possible allows your rights to be protected from the beginning.
An attorney can prevent damaging statements, address bond or protective order issues, identify weaknesses in the case, or advocate for dismissal or reduction early on.
Contact Attorney Emily Shouse today for a free consultation.
