In some instances, people who have been arrested decide to wait in jail for a while instead of paying bail or applying for Bail Bonds in Fort Worth. The lawyer may have said that there’s an excellent chance the prosecution will not file any charges, or that a judge will dismiss the case at the initial hearing if charges are filed.
Why Charges Are Dropped
This can happen when there is not enough evidence to try the defendant after an arrest has been made. It also can happen if law enforcement officials made an error during the investigation or arrest. Although the victim of a crime cannot drop charges, the prosecution may do so if the victim has become uncooperative.
This is relatively common in domestic assault cases in which there is little evidence and the person who made the accusations later recants. It also occurs when the victim realizes that he or she may have identified the wrong individual as the offender. The victim must speak with the prosecuting attorney about the preference to have charges dropped.
Why Judges Dismiss Cases
A judge may dismiss a case if the prosecuting attorney refuses to negotiate a plea bargain, but the judge believes the minimum penalty for conviction is too harsh for this particular defendant. A case also can be dismissed contingent on the defendant participating in a specific program, such as drug and alcohol rehab or an anger intervention program. The case technically stays active until the requirement is completed. If none of these scenarios occurs, Bail Bonds in Fort Worth provide an option for people who cannot afford cash bail.
Other situations also can lead to the dropping of charges or case dismissal. Sometimes DNA evidence essentially exonerates the person who was arrested. The prosecution will not pursue the case if this happens. Sometimes witnesses come forward and make it very clear that the arrested person could not have been responsible for the crime. The defense may successfully argue a motion to dismiss the case. However, sometimes the case continues to move forward, and the defendant must arrange for release through the service of an organization like Vaughn’s Cowtown Bail Bonds.