Can Charges Be Dropped at an Arraignment Hearing?

Some charges can be dropped at your arraignment hearing. The likelihood of the court dropping your charges at your arraignment hearing depends on your specific charge.

This guide discusses how you can get your charges dropped at your arraignment hearing.

If you are charged with a crime in New York City, contact Cody Warner, P.C. for a free consultation. We can analyze your case in effort to get your charges dropped as soon as possible.

What is an Arraignment Hearing?

An arraignment hearing is the technical name for your first appearance in a criminal case. At that hearing, the court will inform you of the charges brought against you by the prosecution.

The arraignment hearing is more procedural than substantive. In other words, it’s now when the court gets to the bottom of what happened. It’s not a trial. Not much about the incident is said by either side at the arraignment. Typically, the court will determine if the case can be quickly resolved at arraignment, or if the case will be adjourned for parties to gather information about what happened and file legal motions.

As discussed below, you may be able to get your charges reduced or even completely dismissed at your first court appearance. The most important factors are the seriousness of the allegations and your criminal history.

Ways To Get Your Charges Dropped at the Arraignment Hearing

The easiest way to get your charges dropped at your arraignment hearing is for you to be charged with a minor offense.

Dismissal More Likely with Violations and Misdemeanors

If you are charged with a felony, then forget about getting your charge dropped at your arraignment hearing. Absent exceptional circumstances, a felony will never be dismissed at an arraignment hearing.

An exceptional circumstance could include if the prosecution immediately determined that you were falsely arrested by the police. For instance, if a defendant was charged with murder, and before the defendant’s arraignment, the prosecution found exonerating video footage, then they could dismiss the case. Typically, it takes more time for the prosecution to gather and evaluate evidence.

If you are charged with a misdemeanor or civil infraction, then it’s possible to get your charges dropped at your arraignment hearing.

Dismissal At Arraignment Hearing More Likely If No Alleged Victim

The most important factor is whether there is an individual who is the alleged victim. For instance, a domestic violence case always involves an alleged victim. On the other hand, if you are charged with misdemeanor drug possession, there isn’t an individual who is an alleged victim.

When there is an alleged victim, the prosecution usually wants to speak to the alleged victim after the arraignment to determine the complainant’s wishes. Although an alleged victim does not control a criminal case, prosecutors usually take the alleged victim’s wishes into consideration. Therefore, if the case involves an alleged victim, it is unlikely the prosecution will offer a deal or dismiss the case at the arraignment hearing.

On the other hand, if your charge does not involve an alleged victim, such as with a drug case or simple DUI, you have a better chance of getting your charges dropped or even dismissed at your arraignment hearing.

Dismissal At Arraignment Hearing More Likely If No Criminal History

Your criminal history is a significant factor in getting your charges dropped at your arraignment hearing.

If you do not have a criminal history, then the prosecution will be more likely to cut you a break, even if you are guilty of the offense. Obviously, the prosecution is more likely to give you a break if the charged offense is relatively minor. Again, felonies are almost never dropped at an arraignment hearing. However, if you have no record and are charged with a minor offense that doesn’t involve an alleged victim, you have a good shot at getting your charges reduced at your first court appearance.

Need Help?

If you are facing criminal charges in NYC, contact Cody Warner, P.C. for a free consultation. We can review your charges and determine what sort of outcome you can expect.  We offer flat-rates for most misdemeanor cases, and we offer per-appearance flat rates for clients who face very minor offenses.