Can Criminal Charges Be Dropped Before Trial? What Families Should Know
One of the first questions families ask after an arrest is whether the case can simply “go away.” The answer is sometimes yes—but not for the reasons people expect. Charges are not dropped because someone is polite, cooperative, or insists they are innocent. They are dropped when the prosecution cannot legally or practically move forward.
Understanding how and why charges are dismissed helps families set realistic expectations and avoid costly mistakes early in a case.
How Charges Are Filed—and Why That Matters
In Pennsylvania, charges are typically filed based on probable cause, not proof beyond a reasonable doubt. This means a case can legally begin even if the evidence is weak, incomplete, or one-sided.
As a case progresses, prosecutors must decide whether they can actually meet their burden at trial. This reassessment is where dismissal opportunities often arise.
Common Reasons Charges Are Dropped
Charges may be dismissed when:
Evidence was obtained illegally
Witnesses recant or become unavailable
Testimony is inconsistent or unreliable
Forensic or lab evidence fails
Prosecutors determine the case is not provable
These issues are often uncovered through early legal investigation and pretrial motions.
Why Cooperation Alone Rarely Helps
Many people believe cooperating fully will lead to leniency or dismissal. In reality, cooperation without legal guidance often strengthens the prosecution’s case. Statements intended to “explain” events may unintentionally fill gaps in the evidence.
Silence and strategy—not explanation—are usually what preserve dismissal opportunities.
The Role of the Preliminary Hearing
The preliminary hearing is one of the earliest opportunities to challenge a case. Prosecutors must show enough evidence to proceed, and weak cases sometimes fail at this stage.
Even when a case survives, testimony can expose flaws that later support dismissal or reduction.
Managing Expectations
Dismissal is never guaranteed. However, early, informed defense significantly improves the chances of limiting charges or resolving a case favorably.
About Frank Walker Law
Attorney Frank Walker of Frank Walker Law is a National Top 100 Criminal Defense Lawyer, and Personal Injury Attorney who has been recognized as a Super Lawyer, a member of the National College for DUI Defense, Best Attorneys in America, Best Law firms of America, America’s Greatest Attorneys, and a Top AVVO Rated attorney, with offices in Pittsburgh Pennsylvania and Morgantown West Virginia.
Additionally, you can find Attorney Walker on YouTube, TikTok, the Pittsburgh Attorney Podcast and the West Virginia Attorney Podcast, where he gives legal tips (not advice!) and discusses the pressing legal issues of the day.
If you or someone you love are facing criminal charges or are seriously injured in an accident, contact Attorney Frank Walker immediately at 412-532-6805 (Pittsburgh), 304-413-0179 (Morgantown), 24 hours a day, 7 days a week for aggressive and experienced Criminal Defense or Representation in a Civil Case.