Can You Get My Charges Dismissed?

If you have been charged with a crime, one of the first questions you may ask is: “Can you get my charges dismissed?”

The honest answer is: it depends. No lawyer can ethically promise that your charges will be dismissed. But an experienced criminal defense lawyer can review the facts, evidence, police conduct, charging documents, witnesses, and available legal defenses to determine whether dismissal may be possible.

At Brinkley Law in Indiana, we help clients facing criminal charges understand their options, protect their rights, and pursue the best available outcome based on the facts of their case.

Short Answer: Can a Lawyer Get Criminal Charges Dismissed?

Sometimes, yes. But dismissal depends on the specific facts, the evidence, the prosecutor’s position, the court, and Indiana law.

Criminal charges may potentially be dismissed because:

• The prosecution cannot prove the case;

• Evidence was obtained unlawfully;

• A witness is unavailable or unreliable;

• The wrong person was charged;

• There are problems with the traffic stop, arrest, search, or investigation;

• The charging documents are legally defective;

• The defendant completes a diversion or deferral program;

• The prosecutor agrees dismissal is appropriate;

• The court grants a defense motion.

In Indiana, prosecutors may move to dismiss criminal charges under Indiana Code § 35-34-1-13, and certain cases may also be resolved through diversion or deferral options depending on eligibility and prosecutorial discretion.

Why No Lawyer Should Guarantee a Dismissal

If a lawyer promises, guarantees, or assures you that your charges will be dismissed before reviewing your case carefully, that should raise a concern.

Criminal defense depends on facts, evidence, procedure, prosecutorial discretion, and judicial rulings. Indiana’s professional conduct rules regulate lawyer advertising and prohibit misleading communications about a lawyer’s services.

A responsible criminal defense lawyer can tell you:

• Whether there may be legal grounds to challenge the charge;

• Whether diversion may be available;

• Whether the evidence appears weak;

• Whether a plea negotiation may reduce the risk;

• Whether trial may be necessary;

• What dismissal strategies may apply.

But no attorney can guarantee how a prosecutor, judge, witness, or jury will act.

Common Ways Criminal Charges May Be Dismissed in Indiana

There are several ways a criminal case may be dismissed or resolved without a conviction. The right approach depends on the charge, facts, criminal history, county, prosecutor, and available defenses.

Path to Dismissal	What It Means	When It May Apply
Prosecutor dismissal	The prosecutor agrees to dismiss the charge	Weak evidence, unavailable witnesses, proof problems, legal issues
Defense motion to dismiss	The defense asks the court to dismiss the case	Defective charging documents, legal insufficiency, procedural issues
Suppression of evidence	The court excludes key evidence	Illegal stop, search, seizure, arrest, or constitutional violation
Pretrial diversion	The defendant completes conditions and the case may later be dismissed	Certain eligible misdemeanor or lower-level cases
Deferral agreement	The case is delayed while the defendant completes conditions	Some eligible cases depending on prosecutor policy
Trial acquittal	The judge or jury finds the defendant not guilty	The State fails to prove the charge beyond a reasonable doubt
Plea negotiation	Charges may be reduced or some counts dismissed	Cases where full dismissal is unlikely but risk can be reduced

What Is Pretrial Diversion in Indiana?

Pretrial diversion is a program that may allow some defendants to avoid a conviction if they successfully complete certain requirements.

Diversion is generally controlled by the prosecutor’s office and is not automatically available in every case. Indiana prosecutorial guidance recognizes that prosecutors exercise discretion in determining whether diversion or deferral serves the interests of justice.

Depending on the county and the charge, diversion conditions may include:

• Paying fees or court costs;

• Completing classes;

• Completing substance abuse evaluation or treatment;

• Avoiding new arrests;

• Performing community service;

• Following no-contact orders;

• Complying with all terms of the diversion agreement.

If the person completes the program successfully, the case may be dismissed. Some Indiana county prosecutor offices describe diversion as an option for people with little or no criminal history who are charged with certain offenses. (boonecounty.in.gov)

What Types of Charges Can Be Dismissed?

Potentially, many types of criminal charges can be dismissed if there are legal, factual, evidentiary, or procedural grounds. However, the likelihood of dismissal varies widely.

A dismissal analysis may apply to:

• DUI / OWI charges;

• Drug possession charges;

• Theft or shoplifting charges;

• Battery or domestic battery charges;

• Disorderly conduct;

• Driving while suspended;

• Probation violations;

• Protective order violations;

• Misdemeanor charges;

• Felony charges;

• Juvenile matters.

More serious charges may be harder to dismiss, but that does not mean there are no defenses. A lawyer can evaluate whether the State has enough evidence, whether your rights were violated, and whether negotiation, suppression, diversion, or trial may be appropriate.

Can My Charges Be Dismissed If the Victim Does Not Want to Press Charges?

Maybe, but not automatically.

In Indiana criminal cases, the prosecutor generally controls whether charges move forward. A complaining witness or alleged victim may influence the case, but that person does not usually have the final say once criminal charges are filed.

Even if the alleged victim wants the case dismissed, the prosecutor may continue if there is other evidence, such as:

• Police officer testimony;

• Body camera footage;

• 911 calls;

• Medical records;

• Photos;

• Text messages;

• Admissions or statements;

• Other witnesses.

A defense lawyer can communicate with the prosecutor, evaluate the evidence, and determine whether the alleged victim’s position may support dismissal, reduction, or another favorable resolution.

Can Charges Be Dismissed Because of an Illegal Search or Stop?

Yes, in some cases.

If police violated your constitutional rights during a stop, search, seizure, interrogation, or arrest, your attorney may be able to file a motion to suppress evidence. If key evidence is excluded, the prosecutor may have a weaker case and may decide to dismiss or reduce the charges.

Possible issues include:

• No reasonable suspicion for the stop;

• No probable cause for arrest;

• Improper vehicle search;

• Invalid warrant;

• Unlawful home entry;

• Improper questioning;

• Miranda issues;

• Chain-of-custody problems;

• Unreliable field sobriety testing.

These issues are highly fact-specific. A criminal defense attorney should review the police report, body camera footage, witness statements, lab results, and other discovery before determining whether a suppression argument exists.

What Should I Do If I Want My Charges Dismissed?

If you are hoping to get your charges dismissed, take the case seriously from the start.

You should:

1. Do not ignore the charge. Missing court can make the situation worse and may result in a warrant.

2. Do not contact witnesses or alleged victims without legal advice. This can create additional problems, especially if a no-contact order exists.

3. Do not post about the case online. Social media posts, texts, and messages may become evidence.

4. Save all documents and evidence. Keep tickets, court notices, texts, photos, videos, receipts, location data, and witness information.

5. Speak with a criminal defense lawyer quickly. Early legal action can sometimes preserve evidence, identify defenses, and improve negotiation options.

How Brinkley Law Reviews a Criminal Case for Possible Dismissal

When someone asks, “Can you get my charges dismissed?”, the answer starts with a careful case review.

Brinkley Law may evaluate:

• The exact charges filed;

• The court and county;

• The probable cause affidavit;

• Police reports;

• Body camera or dash camera footage;

• Witness statements;

• Search and seizure issues;

• Prior criminal history;

• Diversion eligibility;

• Prosecutor policies;

• Possible defenses;

• Negotiation options;

• Trial risk.

The goal is to determine whether dismissal is realistic, whether another favorable resolution may be available, and what strategy best protects the client.

Frequently Asked Questions About Getting Charges Dismissed in Indiana

Can a lawyer promise to get my charges dismissed?

No. A lawyer should not promise or guarantee a dismissal. A lawyer can review the case, identify possible defenses, negotiate with the prosecutor, and pursue dismissal where legally and factually appropriate.

Can misdemeanor charges be dismissed in Indiana?

Yes, misdemeanor charges may sometimes be dismissed because of weak evidence, diversion, witness issues, legal defenses, suppression of evidence, or prosecutorial discretion.

Can felony charges be dismissed?

Felony charges can be dismissed in some cases, but the analysis is highly fact-specific. Serious charges often require a careful review of the evidence, police conduct, witnesses, and legal defenses.

Does completing diversion dismiss the case?

In many diversion programs, successful completion can lead to dismissal of the charge, but the exact result depends on the diversion agreement, county policy, and compliance with all requirements.

If the police made a mistake, will my case be dismissed?

Not every police mistake results in dismissal. The mistake must usually affect evidence, constitutional rights, probable cause, the charging process, or the fairness of the case.

If the witness does not show up, will my case be dismissed?

Possibly, but not automatically. The prosecutor may ask for a continuance, rely on other evidence, or proceed in another way. Witness issues can be important, but they do not guarantee dismissal.

Should I plead guilty just to get it over with?

Not without speaking to a lawyer first. A guilty plea can have consequences for employment, housing, licensing, immigration, gun rights, probation, future charges, and expungement eligibility.

Looking for an Indiana Lawyer to Help Get Charges Dismissed?

If you are facing criminal charges in Indianapolis or elsewhere in Indiana, you do not have to figure out your next step alone.

Brinkley Law can review your case, explain your options, and determine whether there may be grounds to seek dismissal, diversion, reduction, or another favorable resolution.

Contact Brinkley Law at 317-766-1379 today to schedule a criminal defense consultation.