The Federal Rules of Criminal Procedure allow the government or the court to dismiss any indictment, information, or complaint.
The specific law is written as follows:
“The government may, with leave of court, dismiss an indictment, information, or complaint. The government may not dismiss the prosecution during trial without the defendant’s consent. The court may dismiss an indictment, information, or complaint if unnecessary delay occurs in: (1) presenting a charge to a grand jury; (2) filing an information against a defendant; or (3) bringing a defendant to trial.”
Most dismissals happen pretrial if they are going to happen at all. They are rare, primarily because AUSAs have a lot more resources to devote to each trial. Law enforcement tends to investigate these cases a lot longer and the prosecutor is well-prepared by the time they get to court.
Fortunately, if you have a criminal defense lawyer who is willing to give your case an equal degree of attention it is sometimes possible to tear the case apart pretrial, and to communicate the weaknesses in the case to the US Attorney’s office. This can result in a pretrial dismissal of charges.
What are the chances of winning a federal case?
97% of federal defendants plead guilty. Those who proceed to trial get acquitted in about 25% of cases. What this means is that 99% of those who are charged by the government are ultimately convicted and sentenced.
If you’re going to be one of the fortunate 1% who gets on with their life you’ll need an experienced federal criminal attorney who can help you. If the evidence is against you, your attorney may be able to arrange for pretrial diversion, which allows you to avoid charges, and thus prison and sentencing, by meeting certain conditions.
Grounds for dismissal include:
- Lack of probable cause
- Improper criminal complaints.
- Illegal stops and searches.
- Lack of evidence.
- Unavailability of key witnesses.
- Loss of evidence.
Most attorneys will ask for a dismissal as a matter of course, but again, they are extremely rare.
What happens when a federal case is dismissed?
If you’re lucky enough to have your case dismissed the case is done. The case may continue to exist on your criminal record and may show up in background checks, but it will not show that you were convicted of any crime. It is difficult to get these records expunged, as federal judges are far less likely to do so than state judges and have far fewer instances where the law requires them to do so.
Nevertheless, dismissal is an excellent case outcome, and one of the better ones you can hope for in a federal case. To increase your chances of hearing the words “case dismissed,” contact Koch Law today.
See also:
How Discovery Works in Federal Criminal Cases
What is Deferred Prosecution?
Types of Immunity in a Federal Criminal Case
FAQs
The court may dismiss an indictment, information, or complaint if unnecessary delay occurs in: (1) presenting a charge to a grand jury; (2) filing an information against a defendant; or (3) bringing a defendant to trial.” Most dismissals happen pretrial if they are going to happen at all.
Do federal cases ever get dropped? ›
If you ask most defense attorneys how often they have gotten federal criminal cases dismissed, you would be surprised to learn that it is an incredibly rare occurrence.
Why would a federal case be terminated? ›
The statute of limitations has expired. The defendant's constitutional right to a speedy trial has been violated. Prosecutorial misconduct. (For example, Alec Baldwin's case for involuntary manslaughter was dismissed by the judge after prosecutors failed to turn over evidence.)
Is the state or federal government's attorney in a criminal case? ›
Titles of people involved – State cases are brought by prosecutors or district attorneys; federal cases are brought by United States Attorneys. State court trial judges have a range of titles, but federal judges are called district court judges.
How often do the feds lose a case? ›
What are the chances of winning a federal case? 97% of federal defendants plead guilty. Those who proceed to trial get acquitted in about 25% of cases. What this means is that 99% of those who are charged by the government are ultimately convicted and sentenced.
What percentage of federal cases are dismissed? ›
The overwhelming majority of defendants in federal criminal cases that year did not go to trial at all. About nine-in-ten (89.5%) pleaded guilty, while another 8.2% had their case dismissed at some point in the judicial process, according to the data from the Administrative Office of the U.S. Courts.
What are the chances of beating a federal case? ›
More than 90% of individuals who are prosecuted in federal court are convicted.
How are most federal criminal cases resolved? ›
Guilty Pleas
Nearly 90 percent of federal criminal cases are resolved by a guilty plea. Many of these cases involve a plea agreement: The defendant pleads guilty and forgoes a trial in exchange for the prosecutor's dropping some charges and/or recommending a more lenient sentence.
How can a criminal case be removed to the federal court? ›
(a) A defendant or defendants desiring to remove any civil action or criminal prosecution from a State court shall file in the district court of the United States for the district and division within which such action is pending a notice of removal signed pursuant to Rule 11 of the Federal Rules of Civil Procedure and ...
Is criminal law federal or state? ›
States possess the police power, the most general power to pass criminal laws. The federal government can only exercise those powers granted to it by the Constitution, limiting federal laws to the powers granted to Congress.
The U.S. district courts are the trial courts of the federal court system. The district courts can hear most federal cases, including civil and criminal cases. There are 94 federal judicial districts in the United States and its territories. Each district includes a U.S. bankruptcy court.
What is a federal crime? ›
In the United States, a federal crime or federal offense is an act that is made illegal by U.S. federal legislation enacted by both the United States Senate and United States House of Representatives and signed into law by the president.
How likely is it to win a federal case? ›
What are the Chances for a “Not Guilty” Verdict if a Federally Charged Criminal Defendant Takes the Case to Trial? Statistically not very good. Currently federal prosecutors tout above a 95% conviction rate. This is primarily due to the fact that most cases never make it to trial.
Are federal cases hard to beat? ›
Fighting a federal criminal charge may very well be the hardest thing you ever have to do, and the outcome of your criminal case can have a significant impact on the rest of your life.
How serious is a federal case? ›
Federal offenses almost always carry harsher consequences than their state counterparts and can expose a person to a lengthy prison term, expensive fines, and elimination from holding certain occupations.
Do most federal cases go to trial? ›
The defendant enters a plea to the charges brought by the U.S. Attorney at a court hearing known as arraignment. More than 90 percent of defendants plead guilty rather than go to trial.
