Why can't you get the charges dropped?

Getting the charges “dropped” (dismissed) happens rarely because legally speaking, there’s nothing a defendant can do to dismiss the charges. Unlike in civil court, where you can file a motion to dismiss a complaint, you can’t do that in a criminal matter. The Rules of Civil Procedure provide a way to dismiss a complaint under Civil Rule 6. The only similar rule in Criminal Procedure is Rule 48 that allows for dismissal of charges, however, this can only be done by the State or the Court, NOT the Defendant. Once someone is charged with a crime it means that the State believes it has enough evidence that the defendant did at least something wrong.

In practice, if you hire a lawyer quick enough after you’re arrested or accused, your lawyer might be able to talk with a detective or prosecutor prior to charging. If it’s truly just a misunderstanding, then the State may choose not to charge you with anything. If you hire a lawyer after being charged, there’s still a chance your lawyer can convince the State to drop the charges, but this is even more rare because by that point the State believes they have enough evidence to convict you and you’ll have to fight the charges the ordinary way.

Your lawyer can still file a motion to dismiss the charges, however, this will most likely fail because there’s no law it falls under. Many judges aren’t willing to grant a motion unless it falls under an existing law, or it makes sense “in the interest of justice.” The bottom line is if you’ve been charged with a crime you’re probably going to have to fight the charges by either going to trial or taking a plea.