How to Get Charges Dropped Before Trial in North Carolina

Charged With a Crime in NC? Don’t Wait for the Court Date to Fight Back

If you’ve recently been charged with a crime, your mind is probably racing.

How will this affect your job? Your reputation? Your freedom?

But before you start imagining the worst-case scenario in a courtroom, know this:

There may be a way to get your charges dropped before your court date ever arrives.

Here’s what you need to know—and what you can do—right now.

What Does It Mean to Have Charges “Dropped”?

Getting charges dropped means the prosecutor chooses not to pursue the case, either because of insufficient evidence, legal errors, or other strategic reasons.

This could happen:

• Before the arraignment
• After an investigation
• Or even the day before your scheduled court date

But here’s the key: Prosecutors don’t drop charges out of kindness. They do it when the case is too weak to win or no longer worth pursuing.

That’s where your defense strategy comes in.

5 Ways to Get Charges Dismissed Before Your Court Date

Getting charges dropped before your court date isn’t about luck—it’s about legal leverage. Prosecutors will dismiss a case when it becomes too weak to win, too costly, or legally flawed from the start.

Here’s how your defense attorney can create that opportunity.

1. Expose Weak or Insufficient Evidence

The prosecution must prove guilt beyond a reasonable doubt. But what if they don’t have the evidence to do that? No surveillance footage, no physical proof, no credible witnesses—just a shaky story and assumptions.

Your defense lawyer can scrutinize the evidence, identify gaps, and present these weaknesses directly to the prosecutor. If their case looks doomed at trial, they may decide to cut their losses and dismiss it.

2. Uncover Constitutional Violations

Were your rights violated during a search, seizure, or arrest? Did the police act without probable cause or fail to Mirandize you? If so, your attorney can file a motion to suppress any evidence obtained unlawfully.

Without that evidence, the prosecution may have no case at all, giving them little choice but to drop the charges before court.

3. Leverage Procedural Mistakes

The legal system has rules, and when prosecutors break them, it can open the door to dismissal. This includes:

• Failing to disclose evidence (discovery violations)
• Missing filing deadlines
• Bringing charges in the wrong jurisdiction

A well-timed motion by your attorney can bring these issues to light and pressure the court to dismiss based on legal error.

4. Highlight Witness Issues

In many cases, the entire prosecution rests on a single witness. But if that witness refuses to testify, can’t be located, or changes their story, the case may fall apart.

Your defense lawyer may investigate inconsistencies or credibility issues that cast serious doubt on the witness, enough for the prosecutor to reconsider moving forward.

5. Pursue Pretrial Diversion Opportunities

North Carolina offers several programs that allow eligible defendants to avoid prosecution entirely if they complete the terms of the program.

These include:

• Deferred Prosecution Agreements (DPAs) – You agree to stay out of trouble and meet certain conditions; in return, the charges are dismissed.
• Conditional Discharges – You plead guilty, but the judgment is withheld while you complete supervised requirements. Meet them, and the case is dismissed.
• Drug Treatment Court – For eligible individuals struggling with addiction, this structured, court-monitored program replaces incarceration with recovery.
• Diversion for Veterans and Those With Mental Illness – These programs provide alternatives to jail for individuals with service-related trauma or behavioral health needs.
• Youth Diversion Programs – For juveniles charged with nonviolent, first-time offenses, this option focuses on rehabilitation over punishment.

But here’s the catch: These programs aren’t automatic. Your attorney must advocate for your eligibility, negotiate terms, and ensure the agreement protects your future.

Can the Victim Drop the Charges?

Many people ask: “Can’t the alleged victim just drop the charges?”

In short, no.

Once charges are filed in North Carolina, it’s the state, not the alleged victim, who decides whether the case moves forward. Even if a victim wants to “drop it,” the prosecutor has the final say.

That said, if the victim is unwilling to testify or recants, your lawyer may be able to use that lack of cooperation to weaken the case and negotiate a dismissal.

More on Deferred Prosecution Agreements

If you’re facing a misdemeanor or low-level felony (Class H or I), and you have a clean record, your attorney may be able to negotiate a Deferred Prosecution Agreement (DPA).

You agree to stay out of trouble, complete counseling or community service, and check in with a probation officer for up to two years. Once that period ends, the charges are dismissed.

DPAs require:

• Consent from the prosecutor
• Notification of the victim
• No prior moral turpitude convictions
• Approval by the court

If it sounds complicated, that’s because it can be. That’s why having the right legal team matters.

Time Works Against Your Defense

The earlier you hire a defense attorney, the more options you have to get charges dropped before your court date.

If you wait too long, the prosecution may:

• Lock in key evidence
• Line up witnesses
• Commit to a case strategy

But if we get involved early, we can start weakening their case before it solidifies, sometimes stopping it before it starts.

Remember, Not Every Case Gets Dismissed

Not every charge gets dropped. Some cases will go forward no matter what.

But if there’s a chance to avoid a conviction—to stay off the record, out of jail, and in control of your life—we’ll find it.

That’s our job, and we take it seriously.

Charged With a Crime in North Carolina? Let’s Talk.

Whether you’re facing a misdemeanor in Morehead City or a felony in Raleigh, the criminal justice system is no place to go it alone. One misstep can change your life forever.

At DeMent Askew Johnson & Marshall, we’ve helped hundreds of people like you:

• Get charges dropped before court
• Enter diversion programs that erase the charge
• Challenge bad arrests and unlawful evidence

Call us now or schedule a consultation online

Your future doesn’t start in a courtroom. It starts with the right defense today.