Can You Sue If the DA Dropped the Case in the Bronx?

When a Dismissed Case Might Still Lead to a Civil Rights Lawsuit

When the Bronx District Attorney’s Office drops your criminal case, it can feel like a relief. Maybe you were arrested unfairly. Maybe the charges never should have been filed. 

But even after dismissal, the experience can leave lasting damage—emotionally, financially, and professionally. So, can you still sue if the case didn’t go to trial? In many cases, yes. The dismissal could actually strengthen your civil rights claim.

At Horn Wright, LLP, our Bronx civil rights attorneys help people whose criminal cases were dropped but whose rights were still violated. If your charges were dismissed, we can review what happened and explain whether you can file a Section 1983 claim. We’re here to help you move forward and hold the right people accountable. 

Know What It Means When the DA Drops the Case

When the Bronx DA “drops” a case, they choose to stop pursuing criminal charges against you. This can happen at different stages:

• After arrest but before arraignment
• At arraignment
• After a few court appearances

Dismissals may be written as "in the interest of justice," "for lack of evidence," or simply "dismissed." They do not always say why. What matters is that the case ends without a conviction.

Common reasons for dropped cases include:

• Unavailable or uncooperative witnesses
• Inconsistent police statements
• Lack of physical evidence
• Questions about the legality of the arrest

Even if prosecutors don’t explain much, a dismissal signals that they didn’t believe the case was worth pursuing or couldn't prove it.

Understand Why a Dropped Case Can Support a Lawsuit

To bring a claim for malicious prosecution under Section 1983, your case must end in your favor. That’s called a "favorable termination." When a prosecutor dismisses charges, courts usually count that as favorable unless the dismissal includes language that says otherwise.

A favorable termination shows that the criminal system decided not to move forward against you. In New York, courts have ruled that dismissals by the DA often meet this requirement. That makes your case eligible for review in civil court.

Even if the dismissal wasn’t dramatic or detailed, it’s still a strong starting point. You don’t need to prove actual innocence. You just need to show the prosecution ended without a conviction.

Review Why the DA Chose to Dismiss

Not all dismissals are equal when it comes to civil lawsuits. The reason the Bronx DA dropped the case matters. If it was because of weak evidence, witness problems, or improper police conduct, your civil case becomes stronger.

Check your court documents for terms like:

• “Dismissed in the interest of justice”
• “Dismissed for lack of evidence”
• “Dismissed on motion of the people”

These phrases often appear in the Certificate of Disposition. If you don’t have a copy, you can request one at Bronx Criminal Court (215 E. 161st Street) or through the New York Court’s online portal.

Even if the reason isn’t listed, your attorney can investigate why the case was dropped. Prosecutors may have noted misconduct, weak probable cause, or unreliable officers in internal memos. Those details can help build your civil claim.

Identify Whether Police Misconduct Played a Role

Your ability to sue depends in part on what the police did before the DA dropped the case. If officers acted improperly, and that misconduct influenced the prosecution, you may have a valid Section 1983 claim.

Key signs of misconduct include:

• Officers falsified or omitted facts in the arrest report
• Video evidence contradicted the police narrative
• Officers conducted an illegal search or seizure
• Witnesses recanted or refused to testify due to police pressure

Bronx prosecutors rely heavily on arrest paperwork and officer testimony. If that information was flawed, and the DA later dropped the case because of it, the officer’s conduct may be the real cause of the prosecution. That makes them potentially liable.

Consider Whether the Arrest Lacked Probable Cause

Probable cause is a core issue in civil rights claims. To lawfully arrest someone, officers must have facts that reasonably suggest a crime was committed. If your arrest happened without that foundation, the entire case may have been built on a faulty premise.

Ask yourself:

• Did the officer witness a crime directly?
• Was the arrest based solely on a vague tip or assumption?
• Were you detained without a warrant or explanation?

A dropped case often suggests the prosecutor questioned the evidence. That can support your argument that the police lacked probable cause from the beginning.

Your civil rights attorney will compare the arrest report with body cam footage, witness statements, or any surveillance video to look for gaps. In many Bronx cases, this review reveals the DA had little to work with from day one.

Examine How Fast the Charges Were Dropped

Timing speaks volumes. If your case was dismissed right after arrest or at your first court date, that tells us something about the DA’s confidence in the case.

Speedy dismissals often happen when:

• The arresting officer failed to appear
• The evidence fell apart on review
• Legal defects, like an illegal search, were obvious

On the other hand, if the case dragged on for months before dismissal, you may still have a claim. But your lawyer will want to know why the delay happened. The faster the drop, the stronger the case that the arrest never should have happened.

Each timeline helps us understand how serious the prosecutors thought the case was and what that says about the officer’s conduct.

Understand Which Civil Claims Might Apply

If your Bronx criminal case was dropped, several types of civil rights claims might apply. These depend on what happened during the arrest, detention, and prosecution.

Potential legal claims include:

• Malicious prosecution: You were prosecuted without enough evidence and possibly with improper motive.
• False arrest: You were taken into custody without probable cause.
• Unlawful search: Your property or body was searched without a warrant or valid reason.
• Fabrication of evidence: Officers made up facts or twisted evidence to support charges.
• Due process violations: You were denied basic legal protections, such as the right to counsel or fair bail hearing.

Each of these requires specific proof. But your case doesn’t need to involve all of them to move forward. One solid claim backed by clear evidence can support a Section 1983 lawsuit.

Act Quickly to Protect Your Rights

Time limits apply to every civil rights case. In New York, the statute of limitations for most Section 1983 lawsuits is three years from the date of dismissal.

But other deadlines come up much faster:

• Body cam footage may be deleted within weeks
• Surveillance video can disappear within days unless preserved
• Witness memories fade quickly

That’s why early action matters. The more time that passes, the harder it becomes to collect the evidence that proves your case. If your charges were recently dropped, talk to a lawyer right away to start gathering what you need.

Your attorney may file a FOIL (Freedom of Information Law) request to retrieve police reports, radio transmissions, and footage.

Speak with a Bronx Civil Rights Attorney About Your Case

A dropped case opens the door, but the facts decide what comes next. That’s where legal experience matters. A Bronx civil rights attorney can review your criminal file, your arrest report, and the DA’s dismissal to figure out if the police violated your rights.

At Horn Wright, LLP, we work with people who were relieved to have their cases dismissed but who are still dealing with the damage. An arrest can affect your job, your mental health, your record, and your trust in the system. That’s why we take these cases seriously.

We focus on local cases involving the NYPD and Bronx Criminal Court. We know how prosecutors and officers work in this borough, and we know how to expose misconduct when it happens.

Dismissed Doesn’t Mean Done

If the Bronx DA dropped your charges, you don’t have to walk away quietly. A dismissed case could mean the system realized something went wrong, and that may be your opportunity to seek justice. 

If the arrest was illegal, the charges were unsupported, or police crossed the line, a civil rights lawsuit could be the next step. Talk to a Bronx civil rights lawyer to find out if your dismissal opens the door to holding the NYPD or city accountable.