Dismissal
Even though a person has been arrested and formal charges initiated, the prosecuting attorney has discretion to either reduce or dismiss the charge. If there are multiple charges he can reduce or dismiss some or all of the charges. This often occurs in a plea bargain.
Diversion
Many jurisdictions have diversion programs, some formal and some informal. The programs are designed to divert first time offenders who show good potential for rehabilitation out of the criminal justice system. This frees up the system to deal with serious offenders and provides an opportunity for worthy individuals to redeem themselves from their mistakes.
Common elements include a requirement that the defendant "stay out of trouble" for a specific period of time, attend substance abuse counseling and pay restitution. At the successful conclusion of a diversion program, the charges are usually dismissed. In Louisiana the District Attorney is permitted by law to run a formal diversion program. Both the Caddo and Bossier Parish District Attorney offices run excellent diversion programs.
Plea Negotiations
Most cases are resolved by "plea bargains" that involve the reduction or dismissal of some the charges against a defendant in exchange for a plea of guilty to fewer charges or to a lesser offense. Plea bargains allow cases to be resolved in a fair, just and expeditious manner. Many jurisdictions now require that the crime victim have input in the plea bargaining process. Often the negotiation will result in a plea to the original offense but with the jail sentence being suspended and the defendant placed on probation. If the defendant violates his probation, the jail sentence is imposed.
"Dismissals and favorable plea bargains don't just happen. In my experience, the favorable resolution of a serious case comes about only after a substantial amount of work and defense preparation."
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