Can Criminal Charges Be Dropped Before Trial in Utah?

Being charged with a crime does not necessarily mean your case will go all the way to trial.



In some Utah criminal cases, charges may be dismissed before a trial begins. Whether that is possible depends on the facts of the case, the available evidence, how the case was handled, and the legal issues raised by the defense.

Understanding why charges might be dismissed—and who has the authority to dismiss them—can help you know what to expect after being charged.

Who Can Drop Criminal Charges in Utah?

One common misconception is that the person who reported the alleged crime can simply decide to “drop the charges.”

Once criminal charges have been filed, the case is prosecuted by the government. A prosecutor may ask the court to dismiss a prosecution when there are reasonable grounds to do so, and Utah courts also have authority to dismiss charges in certain circumstances.

That means a witness or alleged victim changing their mind does not automatically end the case.

Why Might Criminal Charges Be Dismissed?

Every case is different, but several issues can affect whether a criminal prosecution continues.

Problems With the Evidence

Prosecutors need evidence to prove the charges against a defendant.

As a defense attorney reviews a case, questions may arise about witness statements, physical evidence, video footage, police reports, or other information the prosecution intends to use.

If important evidence is missing, unreliable, or inconsistent, it can affect the strength of the prosecution's case.

Evidence Was Obtained Unlawfully

The Constitution limits when and how law enforcement can conduct searches and seizures.

If police obtained evidence through an unlawful search or seizure, the defense may ask the court to suppress that evidence.

Suppression does not automatically mean the charges will be dismissed. However, if important evidence can no longer be used, the prosecution may have a more difficult time moving forward.

The Charges Do Not Properly Allege a Crime

Utah's criminal procedure rules provide several specific grounds for dismissal before trial.

For example, a court must dismiss when the allegations in the charging document do not constitute the offense the prosecution intended to charge. Other grounds can include lack of jurisdiction, an expired statute of limitations, or certain violations involving the defendant's right to a timely trial.

What Happens at a Preliminary Hearing?

For qualifying felony cases, a preliminary hearing can provide another important stage before trial.

The prosecution must establish probable cause to believe that a crime was committed and that the defendant committed it.

If the judge finds that the required probable cause has not been established, the charge may be dismissed rather than bound over for trial.

However, depending on the reason for the dismissal, dismissal at this stage does not always prevent prosecutors from bringing the charge again.

Can the Defense Ask for Charges to Be Dismissed?

Yes. Depending on the circumstances, a criminal defense attorney may file a pretrial motion asking the court to dismiss a charge.

The appropriate strategy depends on what is wrong with the prosecution or the case. A defense attorney may also challenge evidence, raise constitutional issues, or identify other legal problems before trial.

Sometimes these challenges result directly in dismissal. In other situations, they may influence negotiations or significantly change the evidence available at trial.

Does “Dismissed” Always Mean the Case Is Gone Forever?

Not necessarily.

Some charges are dismissed with prejudice, meaning the same charge cannot be brought again.

Other dismissals may allow the prosecution to refile the case. Utah law specifically provides that certain dismissals—such as some involving jurisdiction or problems with how an offense was alleged—do not necessarily prevent another prosecution.

The reason for the dismissal matters.

Why Early Criminal Defense Matters

The period before trial can be one of the most important parts of a criminal case.

It gives your attorney an opportunity to review the prosecution's evidence, investigate what happened, identify legal problems, file appropriate motions, and determine whether there are grounds to challenge the charges.

You do not have to wait for a trial date before beginning your defense.

Facing Criminal Charges in Utah?

If you have been charged with a crime, a conviction is not a foregone conclusion. The evidence and circumstances surrounding your case should be carefully reviewed before deciding what comes next.

Veronica K. McDougal, P.C. represents individuals facing criminal charges in Murray and throughout Utah. Our firm can review the allegations against you, explain your options, and build a defense based on the circumstances of your case.

Contact Veronica K. McDougal, P.C. to schedule a free consultation and discuss your criminal defense options.