CHAPPELL, LANEHART & STANGL

Case Dismissed or Dropped in Texas

If you’ve been arrested and are facing criminal charges, the first question you may be asking yourself is, “Is it possible to have this case dismissed?” You may be surprised to find out that the answer could be yes if you hire Lubbock-based Chappell, Lanehart & Stangl criminal defense.

Criminal charges — even felony criminal charges — can be dropped or dismissed in Texas, and they often are.

In Texas constitutional county courts, or courts established directly by the state constitution, nearly half of the 34,000 disposed criminal cases in constitutional county courts were dismissed in 2022, continuing a trend from 2020-2021 where dismissal rates spiked to 49 percent from an average of 42 percent over the previous decade.

And in the Texas statutory county courts, or courts established through the state legislature, fully half of more than 320,000 criminal cases were dismissed in 2022 — up a large amount from a 37 percent dismissal rate compared to 5 years ago.

Chappell, Lanehart & Stangl understands how Texas law works. We have the knowledge and experience to help you navigate the legal system and we can argue effectively for dropped or dismissed charges.

If you have been charged with a crime in Lubbock, contact our lawyers to evaluate your case and give you a personalized legal plan. Our case results include:

jail free

Hire An Experienced Criminal Attorney

A lot of people face criminal charges for unfair or invalid reasons. At Chappell, Lanehart & Stangl, we know how to get a case dismissed and will fight for you so you can avoid facing the emotionally and financially devastating repercussions of a conviction, incarceration and a permanent record.

​​We will use our substantial resources to get you the best possible outcome in your case. We dedicate ourselves equally to each client because we are more than attorneys, and you are more than an accused citizen. As always, the first consultation is free, so please feel free to set up an appointment to visit with Chuck or Fred.

If a Case Is Dismissed, Can It Be Reopened?

The answer is yes and no.

If a case is dismissed by a judge without prejudice, it means the prosecutor could refile the case in the future, if they resolve the issue that led to the dismissal in the first place.

On the other hand, if a judge dismisses a case with prejudice, it means the case is closed permanently.

Will a Dismissed Case Still Be on My Record?

Many people believe that if they have a case dismissed that it’s magically not on their record. However, the arrest will stay on your record unless you obtain an expunction or nondisclosure — either of which allow your record to be destroyed or sealed. Otherwise, your arrest will remain a matter of public record and could give you difficulty obtaining many things, including a job or a home loan.

Alternatively, you could aim for a pretrial diversion, which is ideal for first-time offenders. You essentially agree to supervision (probation or community service) in exchange for dropping the case. You would never have to go to court, and if you successfully complete your probation, your records will be expunged. This means you could legally deny the offense ever happened.

Signs Your Case Will Be Dismissed or Dropped

Getting your criminal case dismissed will be up to the prosecuting attorney and the judge. Because the prosecutor filed the charge, it’s most likely they would be the one to dismiss it. A judge can rule for a dismissal if they can’t find a legal basis for the charge.

Potential reasons for a case to be dropped or dismissed include:

  • A lack of evidence: If the prosecutor can’t prove your guilt beyond a reasonable doubt, they are likely to drop the case to avoid wasting time and resources
  • Problematic evidence: Charges may be dropped if evidence was obtained during an illegal search or evidence has been tampered with.
  • There is exonerating evidence: If new proof comes to light that you did not commit the crime, the prosecutor is unlikely to continue pursuing the case.
  • Diversion programs: Some may have their cases dropped if they complete probation or community service.
  • Self-defense: If you can prove the crime was committed as an act of self-defense, charges may be dropped or reduced.
  • No witnesses: If a prosecutor’s case is weakened because witnesses back out or aren’t credible, charges may be dismissed.
  • The statute of limitations has passed
  • Constitutional violations: If you have been denied the right to an attorney or a speedy trial, this can lead to charges being dropped.