Can Charges Be Dropped at an Arraignment Hearing?

Early in the criminal justice process, a defendant will face the court at an arraignment hearing. They will understandably want to resolve their charges as soon as possible after an arrest, so they may wonder whether they can seek to have their charges dropped at the arraignment hearing.

Request a Legal Case Evaluation

Understanding Arraignment Hearings

An arraignment is typically the first time a criminal defendant will appear before the court following an arrest. The arraignment must occur within a reasonable time after an arrest, usually within days if law enforcement detains the defendant. When the police release a defendant following an arrest, they will provide a notice with the scheduled date and time for the arraignment hearing. A criminal defendant must appear at the arraignment, although in certain cases, their attorney can appear on their behalf. Failure to appear will lead the court to issue a bench warrant for the defendant’s arrest. 

At an arraignment hearing, the court will formally advise the defendant of the charges against them and ask them for their plea to each charge. In most cases, defendants will plead not guilty since they can later change their plea if they negotiate a plea deal with the prosecution. The court will also advise the defendant of their rights, including their right to legal representation. The court will confirm whether the defendant has hired or plans to hire an attorney, would like the court to appoint a public defender, or wishes to represent themselves. 

Finally, the court will determine whether to detain the defendant pending trial or grant pre-trial release. When the court releases a defendant before trial, it can impose conditions of release, such as surrendering a passport, not leaving the state, or not committing additional criminal offenses. They may also order the defendant to post bail, a sum of money that serves as a financial guarantee that they will appear for future court hearings and trial.

How Can Charges Be Dropped at an Arraignment Hearing?

The court typically cannot order the dismissal of a defendant’s charges during the arraignment. Instead, it will hold a subsequent hearing, called a preliminary hearing, at which the court can review the sufficiency of the prosecution’s allegations to determine whether they’ve established probable cause to continue with the case.

However, the prosecution retains the discretion to request the dismissal of charges at the preliminary hearing. Prosecutors may decide to drop a criminal case at this stage for various reasons, such as:

• Determining they lack sufficient evidence to win at trial
• The discovery of new evidence conclusively demonstrating the defendant’s innocence (such as forensic evidence excluding the defendant as a suspect)
• Issues with critical witnesses

Prosecutors may also drop charges at an arraignment subject to refiling them later, after further investigation. 

Common Scenarios Leading to Dropped Charges

Potential situations in which prosecutors may drop charges at an arraignment hearing include:

• Insufficient Evidence – When prosecutors initially file charges against a suspect, they may review the evidence and conclude that they lack sufficient evidence to bring the charges to trial or that further investigation likely will not uncover additional evidence. Alternatively, prosecutors may identify potential problems with admitting critical evidence at trial, such as evidence obtained through unlawful searches or police questioning.
• Exculpatory Evidence – Prosecutors can dismiss charges at an arraignment after discovering evidence that exonerates the defendant. For example, prosecutors may receive DNA test results that exclude the defendant as a suspect, or another person may come forward to admit guilt for the crime.

Witness Issues – In some criminal cases, prosecutors may choose to drop criminal charges due to issues with critical prosecution witnesses. For example, a victim may decide to stop cooperating with prosecutors, who may view compelling the victim’s testimony through a subpoena as a potentially unfavorable look to the jury. Witnesses may also pass away, suffer disabling medical conditions, or otherwise become unable to testify at trial.

How a Criminal Defense Attorney Can Help You Get Your Charges Dropped at the Arraignment Hearing?

Hiring an experienced criminal defense attorney can help you pursue dismissal of your criminal case at your arraignment hearing. A defense lawyer can thoroughly investigate the charges to seek exculpatory evidence that convinces prosecutors to drop your case. They can also vigorously negotiate on your behalf to demonstrate the weakness of the state’s evidence, which may persuade the prosecutors that they likely lack enough evidence to succeed at trial. Potential weaknesses in the state’s case may include insufficient evidence to prove all the elements of your charges or potential challenges to the credibility of critical state witnesses.

What Happens After the Arraignment?

When you plead not guilty at an arraignment, the court will schedule one or more future court dates. Depending on the complexity of your charges, the court may schedule a preliminary hearing to review the sufficiency of the charges, a status check hearing to review the progress of discovery and resolve pre-trial motions, or a pre-trial hearing to resolve any final procedural issues before trial. 

In most cases, the prosecution and defense will engage in discovery. In criminal discovery, the prosecution must turn over the evidence collected in the case and witnesses that may testify for the prosecution. The defense, meanwhile, typically must identify affirmative defenses or witnesses it intends to present at trial.

Contact a Criminal Defense Lawyer Today

Following an arrest, you must secure prompt legal representation to protect your rights and interests at an arraignment hearing and throughout the criminal process. An experienced advocate may help you quickly resolve your case through a potential dismissal of your charges at the arraignment.

For nearly two decades, De Castroverde Law Group Criminal & Immigration has fought to safeguard the rights of individuals accused of crimes in Nevada. Our firm has substantial resources that enable us to thoroughly and efficiently investigate criminal matters and craft robust defense strategies for our clients. Contact us today for a confidential consultation to discuss your charges and your options for seeking a dismissal of your case.