When criminal charges are filed against you as a business owner, the stakes are exponentially higher. Your livelihood, your company’s reputation, the jobs of your employees, and your life’s work are suddenly on the line. This is about taking strategic action to get criminal charges dropped and prevent a single allegation from dismantling everything you’ve built.
Navigating this legal minefield requires a specific, strategic playbook designed to protect both you and your business.
Steps to Get Criminal Charges Dropped as a Business Owner
Step 1: Zip It and Call a Lawyer
Talking to the police or prosecutors without a lawyer is like trying to fix a broken leg with a bandage. You could make it much worse. Anything you say can be misinterpreted and used against you.
Your only job right now is to hire a criminal defense lawyer to help get criminal charges dropped. Don’t use the lawyer who handles your contracts. You need someone who fights criminal cases for a living. This lawyer is your guide, your protector, and your voice. They will do the talking for you. This is the best money you’ll ever spend to save your business.
When choosing the leading criminal lawyer in Los Angeles or your area, prioritize a proven track record with cases similar to yours. Choose someone with years of trial experience to present your case clearly and persuasively for a favorable verdict.
Step 2: Play Detective
While your lawyer handles the outside world, you need to look inside your own business. Sifting through years of records can feel like an overwhelming and anxiety-inducing experience, but it is a critical step you and your legal team must undertake.
Gather everything related to the charge, such as emails, bank statements, contracts, notes. Don’t hide or destroy anything. Why do this? It helps your lawyer find the weak spots in the case against you and, most importantly, uncover exculpatory evidence.
This evidence forms the substantial basis for key legal strategies. For instance, if any of your statements were taken without properly informing you of your Miranda rights, your legal representative can file a motion to suppress to get that evidence thrown out.
In complex cases, your team might even challenge scientific evidence or question if the court has proper authority though such legal challenges are less common for the average business owner. Your thoroughness here makes all of that possible.
Step 3: Find the Hole in Their Story
Now, you and your lawyer look at the case against you and ask: “What’s wrong with this picture?” Charges get dropped when the case is weak. It’s that simple. Your lawyer will look for things like:
- They got it wrong: Did the police base the charges on bad information or a total mix-up about how your business works? If so, the case might be built on a mistake.
- They broke the rules: Did they search your office illegally? Did they trick you into talking? If the cops didn’t follow the rules, the judge might throw out their evidence, and their case can fall apart.
- No proof: The government has to prove you are guilty. If your lawyer can show the prosecutor, “Look, you don’t have the evidence to win this,” they might decide to drop the charges rather than lose in court.
A case can also unravel when the prosecution’s so-called “direct evidence” fails to connect you to any criminal activity. For instance, surveillance footage might only show suspicious behavior but no illegal act, while eyewitness testimony is often unreliable.
Even scientific proof can be flawed. An autopsy report might be inconclusive, or ballistic testing could fail to match a weapon to you. These key pieces are meant to establish a reasonable belief of guilt, but if they are absent, mishandled, or obtained through illegal searches, your legal team may be able to get criminal charges dropped and have the entire case dismissed.
If an agency collected the evidence without proper jurisdiction or if the physical evidence doesn’t definitively point to you, the charges may be dropped as well. Furthermore, the identification of discriminatory factors can also be a basis for dismissal.
Step 4: Make a Deal To Make It Disappear
For people with no past record, many courts offer something called a pre-trial diversion. This is basically a second chance. You agree to do certain things, and in return, they agree to erase the charges.
This might include:
- Paying a fine or paying back any money.
- Doing some community service.
- Taking a class on business ethics.
- Staying out of trouble for a set period of time.
Navigating this process, especially if your case falls under federal jurisdiction, can be a daunting task. This is where your legal team plays a crucial role. They will analyze the jurisdictional markers to ensure the government even has the authority to bring the case, looking for a substantial basis to challenge it and help get criminal charges dropped.
A skilled attorney well-versed in constitutional law can also mount legal challenges, for instance, if evidence was gathered in violation of your privacy rights. This can powerfully strengthen your position for a favorable deal.
Step 5: Clean Up the Mess and Move On
Let’s say you win. The charges are dropped. But people might still have heard about it. So, your final job is to repair your reputation. Work with your lawyer and maybe a PR person to decide what to tell your customers, employees, and partners.
Then, look at your business. Put new checks and balances in place. Train your employees better. Use this terrible experience to build a stronger, smarter company.
Bottom Line
Getting charged is a nightmare. But by staying calm, following these steps, and trusting your lawyer, you can get through it and protect everything you’ve worked so hard to build. A criminal defense attorney can help you get criminal charges dropped early or secure the most equitable resolution, preventing a permanent criminal record that can affect your life and your business.
