Drug charges can have a significant impact on an individual's life, potentially leading to severe legal consequences and long-term repercussions.
Understanding the legal avenues available and the factors that can influence the Crown Prosecution Service's (CPS) decision to drop drug charges is crucial for those navigating the complexities of the legal system.
Drug-related offences are a serious matter, and being charged with such crimes can be daunting and overwhelming.
However, it's important to recognise that there might be legal strategies and options available to challenge these charges and potentially seek a favourable outcome.
Our blog aims to provide valuable insights and guidance on how you can navigate the legal process, understand your rights, and work toward the best possible resolution when facing drug charges.
Our team of experienced solicitors is committed to providing comprehensive legal support and advocating for the rights of individuals facing drug-related charges, helping you navigate the legal complexities and seek the most favourable outcome possible.
If you are faced with drug charges, we can offer specialist, expert representation from our solicitors to give you the best possible defence.
Use our simple contact form to request a call back or contacting us on one of the following numbers:
- Call 0333 009 5968 – for standard enquiries during office hours
- WhatsApp 07535 215140 – for 24/7 emergency support including police station representation
Can the CPS drop charges before court?
Once the police have concluded their investigation, the matter is passed to a prosecution reviewing lawyer, who has to decide if there is a reasonable prospect of revision and if it is in the public interest. If the answer to either of these questions is no, then they can:
Discontinuance: CPS prosecutors also have the power to postpone proceedings without obtaining permission from the court, using a legal procedure known as discontinuance. Unlike a formal acquittal, discontinuance means the case could be reopened again further down the line, using the same evidence. As a result, discontinuance is often used by the prosecution to secure more time to prepare ahead of a trial.
If the matter has been approved for charge then it is open to the prosecution for:
Formal acquittal: A formal acquittal is the same as a not-guilty verdict. This happens when the prosecution opts to present 'no evidence' in court. Cases that receive a formal acquittal are rarely reopened. Essentially, a formal acquittal indicates that the prosecution lacks sufficient evidence to build a compelling case that could result in conviction.
How to get charges dropped before a court date in the UK?
For low-level drug offences committed by first-time offenders, opting for a community resolution, involving apologies, compensation, or restitution, can be preferable to formal criminal justice sanctions. Having an expert criminal defence solicitor is crucial in examining the prosecution's case and identifying opportunities to completely have the charges dropped.
At your request, our solicitors can correspond with the police to persuade the CPS to reconsider charging you. We can advocate for the avoidance of court proceedings or the offering of a caution, particularly in cases involving remorse, reconciliation with the victim, poor health, family impact, low-level offences, and public interest considerations.
Upon taking on your case, your criminal defence solicitor will prioritise reviewing the evidence. If the case against you appears notably weak or if the evidence seems unreliable, this can be brought to the attention of the prosecution. Reaching an agreement and dropping drug charges pre-conviction often proves advantageous for both parties.
Securing the dropping of drug charges by the CPS largely hinges on identifying weaknesses in the case against you. If the presented evidence lacks strength or can be easily discredited, the likelihood of the CPS offering no evidence or discontinuing the charges increases.
How often do CPS drop charges?
The decision of the Crown Prosecution Service (CPS) to drop drug charges varies based on individual cases and the specific circumstances involved.
The CPS considers various factors, including the strength of the evidence, public interest, and the likelihood of securing a conviction, when making such decisions.
There is no exact science to determine which cases do and do not proceed to court but certainly if there is evidence of misconduct in public office this can flaw the prosecution.
Legal developments during the proceedings may also prompt the CPS to reassess the viability of pursuing charges.
Seeking guidance from a knowledgeable solicitor can provide valuable insights into the factors influencing the CPS's decision and potential legal options available if you are facing drug charges.
Why do CPS drop charges?
There are several reasons why the CPS might drop drug charges against you, depending on the specific circumstances of the case.
Lack of evidence: If the Crown Prosecution Service (CPS) determines that there is insufficient evidence to support a conviction, they may choose to discontinue the case. This can happen if the evidence is not strong enough to make a compelling case against you.
Evidence against you was illegally obtained: If your legal team can demonstrate that the evidence against you was obtained unlawfully or in violation of your rights, they may be able to challenge the admissibility of that evidence, which could lead to the case being discontinued.
Prosecution is not in the public interest: In some cases, the CPS may consider that continuing with the prosecution is not in the public interest. This can occur if the alleged offence is minor or if there are extenuating circumstances that suggest prosecuting the case would not serve the public interest and that may include criminality which is deemed to have occurred within a much more serious and broader investigation.
To buy time to prepare for a later trial: Discontinuance might be used by the prosecution to allow additional time to gather more evidence or to better organise their case against you or others before proceeding. But even when this tactic is applied the prosecution must seek leave to reinstate proceedings which will usually be based upcon fresh evidence.
Can I contact the CPS directly?
Individuals facing drug charges typically do not have direct access to the Crown Prosecution Service (CPS) to discuss dropping charges.
Communication with the CPS is usually conducted through legal representatives, such as solicitors or barristers, who act as intermediaries between the defendant and the CPS.
Your solicitor can engage with the CPS on your behalf, presenting any relevant evidence or legal arguments to support the case for discontinuing the charges. They can also make representations to the CPS regarding the circumstances of the case, including any mitigating factors or evidence that could influence the decision to drop the charges.
It's crucial to have an experienced defence solicitor who understands the legal process and can effectively advocate for your rights and interests. Your solicitor will guide you through the complexities of the legal system, ensuring that your case is presented in the best possible light to the CPS.
Contact our solicitors specialising in drug charges now
If you are faced with drug charges we can offer specialist expert advice and assistance, or representation, from our solicitors to give you the best possible defence.
Contact us by telephone/WhatsApp/SMS at any time 24/7 on 07535 215140, or use our simple contact form, to request a call back from one of our solicitors.
Call 07711 627048 or 07535 215140 at any time 24/7 for urgent police station representation.