Dismissed vs. Dropped Charges: What’s the Difference?

Dismissed vs. Dropped Charges: What’s the Difference?

When facing criminal charges, it’s crucial to understand the different legal outcomes that can affect your case. Two terms often used in the criminal justice system—dismissed charges and dropped charges—may sound similar but have important differences. Understanding these distinctions can help you navigate your legal journey more effectively.

In this article, we’ll explain the difference between dismissed and dropped charges, what each outcome means for your case, and why consulting an experienced Criminal Attorney in Los Angeles is important for ensuring your rights are fully protected. If you're facing charges or want to learn more about charge dismissals, check out our full blog post on what happens when charges are dismissed [link to blog].


What Does It Mean When Charges Are Dropped?

Dropped charges occur when the prosecution decides not to pursue the case anymore. This decision is usually made before the trial starts and can happen for several reasons. Most commonly, charges are dropped when:

  • Insufficient evidence: The prosecution finds that there isn’t enough evidence to support a conviction.
  • Witness issues: Key witnesses are unavailable, uncooperative, or their testimony isn’t credible.



  • Lack of legal grounds: If it’s discovered that the charges were filed without proper cause, the prosecution may choose to drop the case.
  • Plea deals or cooperation: In some cases, charges are dropped as part of a plea bargain or because the defendant agrees to cooperate in another case.

When charges are dropped, the case is generally ended without any court judgment or verdict. However, the arrest record may still remain, and it's important to understand how that could affect your future. A Criminal Attorney in Los Angeles can guide you through the consequences and help you explore options to clean up your record.

What Does It Mean When Charges Are Dismissed?

A dismissed charge occurs when a judge or prosecutor decides to end a criminal case after it has already been filed. Unlike dropped charges, dismissed charges are typically the result of a legal motion or action that concludes the case early in the legal process. The reasons for dismissal can include:

  • Procedural errors: Mistakes made during the investigation or arrest can lead to a case being dismissed.
  • Lack of evidence: If the evidence doesn’t meet the legal standard to move forward, the court can dismiss the case.
  • Violations of the defendant’s rights: If there are constitutional violations, such as failure to inform the defendant of their rights (Miranda rights) or illegal searches, the case may be dismissed.
  • Other legal motions: Defense attorneys can file motions for dismissal, and judges can grant these motions if they find sufficient cause.

Dismissed charges may be with prejudice or without prejudice:

  • Dismissal with prejudice means that the charges are permanently dropped and cannot be brought back to court.
  • Dismissal without prejudice means that the case can be reopened later if new evidence or circumstances arise, typically within a specified time frame.

If you have had charges dismissed, you should consult a Los Angeles, CA criminal defense attorney to determine the specific type of dismissal in your case and explore options for clearing your record.

Key Differences Between Dropped and Dismissed Charges

While both dropped and dismissed charges result in the case being stopped, there are key distinctions that you should be aware of:

  1. Timing of the Action:

    • Dropped charges happen early in the process, usually before the case goes to trial. It’s the prosecution’s decision to discontinue the case, often due to lack of evidence or other issues.
    • Dismissed charges occur after the charges have been filed and the legal proceedings are underway. A judge or prosecutor dismisses the case, often after legal motions or a hearing.

  2. Possibility of Refiling:

    • Dropped charges can sometimes be refilled by the prosecution if new evidence emerges or the legal situation changes. The case is essentially put on hold but isn’t over permanently.
    • Dismissed charges can also be refilled, but it depends on whether the dismissal is with or without prejudice. If dismissed with prejudice, the charges can’t be brought back. If dismissed without prejudice, charges may be refiled within the statute of limitations.

  3. Legal and Record Implications:

    • Dropped charges typically don’t result in a final court ruling, so the charges can be revisited in the future. However, they can still appear on your record unless action is taken to seal or expunge it.
    • Dismissed charges generally mean the case has been legally resolved, but if the charges are dismissed without prejudice, they may be refiled, and the dismissal can show up on your criminal record unless expunged or sealed.

How Can a Criminal Attorney in Los Angeles Help?

Regardless of whether your charges were dropped or dismissed, it’s essential to consult an experienced Attorney Lawyer in Los Angeles to ensure that your rights are protected. Here’s how a Los Angeles Criminal Defense Attorney can assist you:

  1. Clear Your Record: If you’ve had charges dropped or dismissed, you may still have an arrest record that shows up in background checks. Your attorney can help you navigate the expungement or sealing process, ensuring that your record is clean.

  2. Understand Your Options: Whether the charges are dropped or dismissed, there are different legal implications. A knowledgeable attorney can guide you on how to move forward, including whether charges might be refilled or what steps you need to take to avoid future legal issues.

  3. Avoid Future Legal Problems: If your case was dismissed without prejudice, there’s a chance that the charges could be refiled. A defense attorney can help monitor the case and provide legal strategies to avoid future refiling.


While dropped and dismissed charges both result in the cessation of legal proceedings, understanding the difference between the two is essential to navigating your criminal case. Whether your charges were dropped or dismissed, it’s important to know the potential long-term consequences and legal options available to you.

If you’ve had charges dropped or dismissed, contact a skilled Criminal Attorney in Los Angeles to help you clear your record and ensure your future is protected. For more information on what happens after charges are dropped or dismissed, read our full blog post on dismissed charges [link to blog].

By understanding these key differences, you can take proactive steps to safeguard your legal rights and your future. Don’t wait to get professional help—your attorney will provide the guidance you need to ensure that you're fully informed and protected.






Rubin Law, P.C.

3731 Wilshire Blvd Suite 514B Los Angeles, CA 90010

 213-723-2237

http://rubinlawpc.com

https://maps.app.goo.gl/U8NhwDDe3NmtTb7u5

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