A loud knock at the door, the flash of red and blue lights, the click of handcuffs—moments like these can flip a life upside-down in an instant. The hours and days that follow are often a blur of court appearances, paperwork, and sleepless worry. In that haze, one question rises to the surface again and again: Is there any way to make this go away? As a criminal defense attorney who has spent more than thirty years inside New York courtrooms, I can tell you that the answer is sometimes yes, but it depends on a mix of legal nuance, diligent investigation, and strategic timing.
A dismissal is the legal equivalent of hitting the reset button. The charges vanish, you regain your standing in the eyes of the court, and outside of rare exceptions, the arrest can usually be sealed so it doesn’t haunt background checks. Unlike an acquittal at trial, which declares you not guilty, a dismissal stops the prosecution before the case ever reaches that point. For many clients, that outcome feels like a lifeline.
A dismissal can happen at several stages: during arraignment, after key motions, or even on the morning a jury trial is set to begin. Knowing where the opportunities lie is half the battle.
From the moment I’m retained, my team and I dig into police reports, 911 recordings, body-cam footage, and any digital trail that might contradict the state’s story. Facts uncovered within those first few weeks frequently form the backbone of later dismissal motions.
Even when dismissal isn’t guaranteed, demonstrating the prosecution’s vulnerabilities can encourage a favorable plea or persuade prosecutors to exercise their discretion to dismiss in the interest of justice.
While experience and hard work play huge roles, some elements sit outside any attorney’s reach:
Clients often ask, “How long before we know if the charges will be dismissed?” The candid answer is that it varies:
| Stage of the Case | Typical Timeline | Dismissal Opportunities |
|---|---|---|
| Arraignment to pre-trial (0–90 days) | Early omnibus motions, the speedy-trial clock starts ticking | Procedural defects, insufficient accusatory instrument |
| Pre-hearing (3–9 months) | Discovery battles, suppression hearings | Constitutional violations, insufficient evidence |
| Pre-trial to trial readiness (9–18 months) | Final plea talks, CPL § 30.30 deadline approaches | Speedy-trial dismissal, interest-of-justice motions |
Patience and perseverance are essential. Some of my most satisfying dismissals have arrived minutes before jury selection, after months of dogged litigation.
These aren’t outliers; they illustrate how meticulous investigation and motion practice translate into real freedom for real people.
Dismissals rarely fall from the sky—they’re earned through relentless preparation, nuanced legal arguments, and relationships built over decades inside the courthouse. When you sit down with a prospective lawyer, ask:
Clear, confident answers reveal whether that attorney knows how to turn legal theory into tangible results.
Facing criminal charges feels like standing on the edge of a cliff, but it doesn’t have to end in a fall. Under the right circumstances—defects in paperwork, constitutional violations, weak evidence, or simple prosecutorial overreach—a determined defense lawyer can persuade the court to dismiss. Though no attorney can promise an outcome, the odds rise dramatically when your advocate understands both the letter and the rhythm of New York criminal procedure.
I’m Ed Palermo, and for more than three decades, I’ve challenged the prosecution at every turn to protect my clients’ freedom and reputations. If you or a loved one is staring down criminal charges on Long Island, reach out today for a free consultation and let’s explore every avenue to get your case thrown out.