Can Charges Be Dropped After Indictment in New York? 2025

An indictment is often associated with a severe crime and harsh penalties, as well as the beginning of a lengthy legal process. When a grand jury manages to secure an indictment, the prosecution can then bring criminal charges against the one being indicted and pursue the criminal conviction they want. If you are indicted, a very serious sequence of events awaits you. You may wonder, can charges be dropped after an indictment in New York? It really depends.

What Is an Indictment?

Basically, an indictment is a formal accusation that a crime has been committed. Generally, an indictment is decided upon by a grand jury and marks a substantial step in the criminal justice process. When an indictment is brought before a defendant, the grand jury is essentially saying that there is sufficient evidence in this case to warrant a trial. Probable cause has been found that the defendant has likely committed a crime. An indictment isn’t guilt. It’s only the probability.

Can Charges Be Dropped After Indictment in New York?

Yes, charges can be dropped after an indictment in New York, though it is a lengthy and complex process that gets even more difficult once an indictment has been issued to a defendant. There are multiple ways that the charges can be dropped once an indictment has been issued. Throughout all of them, you are going to want to have an experienced criminal defense lawyer by your side to help deal with the details of your indictment. These possible ways include:

• Prosecutorial discretion: Even after an indictment has been issued by a grand jury, it is the prosecutor who has the final say about whether or not to soldier on with the case or to drop the charges against you. This can be done at various stages of the process, including following an indictment. A prosecutor may choose to drop the charges for any number of reasons, including new evidence coming to light or a decision that the case isn’t worth it. While prosecutors have the right to choose when they want to pursue charges or not, they tend to appreciate the gravity of an indictment. It’s not easy to indict someone. It’s safe to say that if the prosecution has already gone to the trouble to secure an indictment, they have a strong case against you by that point and probably won’t just drop everything unless there is an even stronger reason to let this one go.
• Lack of evidence. Sometimes, even after an indictment has been brought, the prosecution may realize that the evidence they have against you is not that strong and doesn’t prove guilt beyond a reasonable doubt. Key evidence could be ruled inadmissible by the court, additional investigation disproves current evidence, or witnesses could become unreliable. At that point, dropping the charges might be the only way to save face.
• Constitutional violations. Even after an indictment has been issued, if your lawyer can prove that either the law enforcement officers or prosecution has violated your constitutional rights at any point during the investigation, that may be enough to lead to a total dismissal of the charges. Examples of violations include unlawful search and seizure, violation of due process, or even a disregard of your Miranda rights.

FAQs

Reach Out to an Experienced Defense Lawyer Today

When you find yourself facing a grand jury indictment, you may feel overwhelmed and worried about your immediate future. An indictment is not the end of your case, but it is the beginning of a serious trial. That doesn’t mean you should stop fighting. An experienced Nassau criminal defense lawyer can help figure out a path forward and continue building a strong defense strategy.

The legal team at Koch Law, PLLC, can assist you to better understand your indictment situation and give you the tools you need to start fighting back against the charges. We can continue to strengthen your case, build a defense strategy, and keep protecting your interests. Contact us to speak to a valued team member about your case.

See also:

What is the Crime of Conspiracy?

What Are the Grounds for Suppressing Evidence in a New York or Federal Criminal Case?

Can You Hire a Federal Criminal Attorney Before Charges Are Filed?