Criminal charges in Florida are most often dismissed or dropped when key evidence is suppressed, when a sworn motion to dismiss shows the undisputed facts do not prove a crime, when the State Attorney decides not to prosecute, when the defendant completes a diversion program, when Stand Your Ground immunity is granted or when speedy trial deadlines are violated.
Key takeaways
- Suppressing illegal evidence often ends the case.
- A sworn motion to dismiss tests whether the facts prove a crime.
- Prosecutors can drop charges through a nolle prosequi.
- Diversion programs can lead to dropped charges.
- Speedy trial violations can result in discharge.
What is a motion to suppress?
A motion to suppress asks the court to exclude evidence obtained in violation of your rights, such as an illegal stop, search or interrogation. If the key evidence, like drugs, a weapon or a confession, is suppressed, prosecutors often cannot proceed.
What is a sworn motion to dismiss?
Under Florida's criminal procedure rules, the defense can file a sworn motion to dismiss arguing that the undisputed material facts do not establish a crime. The State can defeat it by disputing the facts under oath, but a well-built motion can end a case or force a better offer.
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Can the prosecutor drop the charges?
Yes. The State Attorney can decline to file charges or later file a nolle prosequi, which ends the prosecution. Defense attorneys often influence this by presenting evidence, witness statements or legal problems the prosecutor had not considered.
What other paths lead to dismissal?
- Diversion. Completing pretrial intervention, drug court or misdemeanor diversion.
- Stand Your Ground immunity under § 776.032, Fla. Stat..
- Speedy trial. Florida generally requires trial within 90 days for misdemeanors and 175 days for felonies unless waived.
- Insufficient evidence revealed through depositions.
Frequently asked questions
What is the difference between dropped and dismissed?
Dropped usually means the prosecutor ended the case. Dismissed usually means a judge ended it. Both can make the record eligible for expunction.
Can a case be dismissed if the victim does not want to press charges?
The State decides. A victim's wishes can influence the decision but do not control it.
How long does it take to get charges dismissed?
It depends on the case. Some are dismissed early, others after depositions and motion hearings.
Can dismissed charges be expunged?
Often, yes, if you meet the eligibility requirements.
Related practice areas
Practice areaCriminal Defense Attorney
Practice areaDrug Crimes Defense Attorney
Practice areaFirst-Time Offenders Defense Attorney
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Florida law referenced: § 776.032, Florida Statutes (2025).
This article provides general information about Florida law and is not legal advice. Every case is different. Contact an attorney about your specific situation.