Cofer Luster Criminal Defense Lawyers | January 28, 2026 | Criminal Defense
If you’re a defendant facing criminal charges in Texas, you’re probably worried about what comes next. Something to keep in mind is that most criminal cases don’t actually make it to trial. Some end in guilty pleas, but many are dismissed. This means the prosecutor or the court drops your charges, and the case is over without you having to face any consequences, depending on whether it’s dismissed with or without prejudice.
Recognizing the signs that your case could head toward dismissal lets you relax a little and let your attorney do the work to make it happen.
Here are some signs that your case will be dismissed:
Lack of Probable Cause for Arrest
If your defense lawyer focuses on how police pulled you over, stopped, or arrested you, and you hear about a “lack of probable cause,” it suggests the officer may not have had a legally valid reason to pull you over in the first place.
In these situations, your lawyer can file a motion to suppress to have certain evidence thrown out. If that motion is granted, and the primary evidence is excluded, it’s very possible and likely that your case may be about to get dismissed.
Insufficient or Weak Evidence
Be attentive if your lawyer frequently mentions a lack of evidence — no physical objects, DNA/fingerprints, or video footage. If prosecutors struggle to find these types of evidence, it may be difficult for them to convict you. In these cases, they may decide to drop the charges rather than proceed to trial because they don’t believe they have a strong enough case.
Issues With Witnesses
In many cases, witness testimony is essential. If you hear your lawyer or the court talking about the witnesses not showing up or suddenly changing their testimony, this could be a sign that the case is falling apart. The result could be a dismissal instead of a trial.
Prosecutorial Discretion
If you hear the prosecutor talking about “prosecutorial discretion” or “in the interest of justice,” it could be a sign that the case is going to be dismissed. Prosecutors can review the circumstances of the charges and decide whether to move forward with the case. When a case is minor or there just isn’t enough evidence, they might decide that it isn’t worth the effort and resources to move forward.
Diversion or Pretrial Programs
If you become eligible and participate in a pretrial diversion program, you may be on a clear path to dismissal — as long as you follow the steps ordered by the court (such as attending classes or doing community service).
Situations Where Dismissal Is Less Likely
While dismissals do occur in Texas criminal cases, there are certain circumstances in which they become much more difficult to obtain. In some cases, because of their facts or the way prosecutors handle them, they are far less likely to be dropped.
Serious or Violent Felony Charges
If your charges are felonies and/or involve violence, weapons, or result in serious injuries, it’s likely that the prosecutor will do everything possible to move the case forward either through a plea or a trial.
Repeat Offenders or Prior Record
When someone has an extensive criminal history or is on parole/probation, prosecutors and courts are less inclined to dispose of charges early.
Strong Physical and Direct Evidence
If police collected DNA, video footage, fingerprints, confessions, or other strong evidence, prosecutors are likely to move forward with the case.
Victims Who Insist on Prosecution
Some cases move forward simply because vocal, involved victims or their families are determined to see someone held accountable. This can pressure prosecutors to pursue the case.
Contact Cofer Luster Criminal Defense Lawyers for a Free Consultation With a Fort Worth Criminal Defense Attorney
It’s important to recognize that not all cases are good candidates for dismissal. However, strong legal representation is the best way to give yourself a chance of having the charges dismissed. If you have questions about your own case or what to do next, reach out to Cofer Luster Criminal Defense Lawyers today to schedule a consultation with our Fort Worth criminal defense attorneys.
For more information, please contact the criminal defense law firm of Cofer Luster Criminal Defense Lawyers for a consultation. Give us a call at (682) 777-3336 or visit our convenient location:
We serve the surrounding areas of Tarrant County and Fort Worth, TX.
Cofer Luster Criminal Defense Lawyers
604 E 4th St Ste 101
Fort Worth, TX 76102