Being charged with sexual assault or another sex crime can be devastating. Not only will you face the possibility of prison time, but you may also be required to register for life as a sex offender. The simple fact of the accusations can also be incredibly embarrassing if they become public.
In some cases, prosecutors decide to drop sexual assault charges against a defendant before the case goes to trial. This often occurs due to a lack of evidence or a weak case. Our Maricopa County sexual assault defense lawyers will work hard to defend you against these charges, with a goal of getting them dismissed entirely.
At Matthew Lopez Law, we understand just how serious sex crime charges can be. We work hard to help our clients get the best possible outcome for the charges against them through skilled investigation, negotiation, and litigation. Reach out to our law offices today to schedule a free consultation with an Arizona criminal defense attorney.
Why Prosecutors Might Drop Sexual Assault Charges
Sexual assault charges are often based on a single piece of evidence: the testimony of the alleged victim. The nature of these charges means that there often isn’t a witness or other forms of proof, such as photos or videos of the assault. In some cases, the evidence that a sexual assault occurred is so weak that a prosecutor may decide to drop the charges entirely.
There are many reasons why a prosecutor may decide to drop sexual assault charges. Some common reasons include:
- A judge determines that the defendant’s rights were violated and excludes certain evidence from the case.
- There is not enough evidence to prove that a sexual assault occurred.
- The accuser stops cooperating.
- The accuser’s or other witnesses’ testimony is unreliable.
- New evidence shows that the defendant did not commit the assault (such as an alibi).
Remember: the prosecution has the burden of proving every element of the crime beyond a reasonable doubt. For a sexual assault, this means proving that the defendant:
- Intentionally or knowingly
- Engaging in sexual intercourse or oral sexual contact with any person
- Without the consent of such person
If the prosecution cannot prove each of these elements, then they may not be able to secure a conviction in court. This may lead them to decide that the better option is to dismiss the charges entirely.
Prosecutors rarely decide to drop the charges out of the goodness of their hearts. Instead, they are usually convinced to do so based on the skilled work of an Arizona sexual assault defense attorney. A lawyer may gather evidence to prove that their client couldn’t have committed the crime and then put pressure on the prosecutor to drop the charges.
In some cases, prosecutors will decide to drop charges only after the defense lawyer files motions to exclude certain evidence based on constitutional violations. For example, if a police officer seized your phone and searched without a warrant or other legal justification, then your Maricopa County criminal defense attorney may ask the judge to suppress any photos, videos, or texts discovered on the phone because of this violation.
Prosecutors often won’t drop a sexual assault case just because the alleged victim wants to withdraw the charges. While it may make it harder to prove the case without a cooperating victim, they may still move forward with the charges. If they believe that you pressured the alleged victim into dropping the charges, they may also charge you with witness tampering. If you are under investigation or have been charged with sexual assault, you should be extremely careful about any communications with the alleged victim, including through third parties.
While it is possible for a prosecutor to decide on their own to drop sexual assault charges, it rarely happens without the intervention of a defense lawyer. If you have been charged with a sex crime, you should reach out to an experienced criminal defense attorney as soon as possible to protect your rights.
Can Dropped Charges Still Affect Your Future?
There is a difference between charges that are dropped and charges that are dismissed. Generally, prosecutors will drop charges if they don’t believe that they can win at trial. In more unusual cases, a judge may decide to dismiss charges for legal reasons.
A judge may dismiss charges for any number of reasons, such as a violation of your rights as a defendant, errors by the prosecution, or missed deadlines. The charges may be dismissed with prejudice or without prejudice. If they are dismissed with prejudice, then the prosecutor cannot bring the same charges against you in the future.
With a prosecutor drops sexual assault charges, you will probably feel an immense sense of relief because the legal process and your stress will be over. Yet when charges are dropped (or dismissed without prejudice), it may still be possible for the prosecutor to re-file them in the future.
In Arizona, the statute of limitations for most felony offenses is 7 years. This means that a prosecutor could theoretically revive the charges against you up to 7 years after the alleged assault occurred. There is no statute of limitations for the most serious criminal offenses, including violent sexual assaults.
If the charges against you are dismissed, you should be relieved. However, you should still be mindful of the fact that the charges could potentially be refiled. You should always listen to your lawyer when it comes to how to move forward after sexual assault charges are dropped, which will likely include advice such as avoiding your accuser and not talking about the case with anyone.
Experienced Criminal Defense for Arizona Sexual Assault Charges
Being charged with sexual assault can be incredibly scary. In some cases, the charges may be dropped based on a lack of evidence or strong legal work by your attorney. The potential for charges to be dropped is one reason why it is so critical to hire a knowledgeable Arizona sexual assault defense lawyer.
Matthew Lopez Law fights to protect the rights and freedom of clients throughout Maricopa County. Our legal team is adept at putting together evidence and legal strategies to convince prosecutors to drop the charges against our clients. To learn more or to schedule a free initial consultation with an Arizona sex crimes attorney, give us a call at 480-608-9998 or fill out our online contact form.
Related:
Statutory Rape in Arizona: Understanding the Age of Consent Laws
What to Do If You’re Falsely Accused of a Sex Crime in Arizona