Getting arrested can be scary and confusing. One of the first steps in the court process is something called an arraignment hearing. A lot of people wonder if charges can be dropped at this point. The short answer is: sometimes, but not often. Here’s what you need to know about arraignments, what happens during them, and when charges might be dropped.
What Is an Arraignment Hearing?
An arraignment hearing is usually the first time a person goes to court after being arrested. It often happens within 24 hours of the arrest, especially in places like New York. During this hearing, the judge tells the defendant what they’re being charged with.
The court may also decide things like:
- Whether the person can be released
- If bail is required
- If an order of protection should be issued
- Any restrictions the person must follow before their next court date
This hearing isn’t a trial. There are no witnesses or jury. It’s mostly about explaining the charges and setting the next steps.
What Happens During an Arraignment?
Here’s a breakdown of what usually takes place:
The Charges Are Read
The court reads out the charges against the defendant. This helps make sure the person knows what they’re facing.
A Plea Is Entered
The defendant usually enters a plea. Most people plead “not guilty” at this stage. This gives them time to review the case and prepare a defense.
Bail or Release Conditions Are Set
The judge decides if the defendant should stay in jail, be released with conditions, or pay bail. Factors like criminal history and the seriousness of the crime can affect this decision.
Can Charges Be Dropped at an Arraignment?
Yes, but it doesn’t happen often. Charges can be dropped at an arraignment in certain situations, usually if the case is very weak or if there’s a clear mistake.
Examples include:
- If police arrested the wrong person
- If there’s video proof the person didn’t commit the crime
- If the alleged victim no longer wants to press charges (and the crime isn’t serious)
However, for most felony charges, prosecutors won’t drop them right away unless there are unusual circumstances. Most cases move forward past arraignment before anything is dismissed.
What Affects Whether Charges Might Be Dropped?
Type of Offense
Lesser charges like violations or misdemeanors are more likely to be dismissed at arraignment. Felony charges are rarely dropped this early unless there’s very strong evidence that proves the person’s innocence.
Whether There’s a Victim
If there is no named victim (like in some drug possession cases), the prosecution may be more flexible. In cases like domestic violence or assault, prosecutors often wait to speak with the victim before making any decisions.
Criminal History
Someone with no criminal record may have a better chance of getting charges dropped early—especially if the charges are minor. On the other hand, people with a history of arrests or convictions are less likely to see their charges dismissed at this point.
Legal Representation
Having a good defense lawyer matters. An experienced attorney can speak to the prosecutor before or during the arraignment to explain why the charges should be dropped. They can also request a dismissal or argue for lower bail or other favorable terms.
What Happens After the Arraignment?
If charges are not dropped, the case continues. The next steps might include:
- Pre-trial motions (such as a motion to suppress evidence)
- Hearings to discuss evidence and witness lists
- Plea deals or plea bargaining
- Trial
- Sentencing (if found guilty)
For felony cases, there may be another hearing if a grand jury indictment is needed. The case can still be dismissed later if evidence is weak, or if the prosecution chooses not to move forward.
How a Defense Lawyer Can Help During Arraignment
The arraignment sets the tone for the rest of the case. A defense attorney can do a lot during this stage, including:
- Reviewing the arrest paperwork and charges
- Talking to the prosecutor to try to reduce or drop the charges
- Asking the judge for bail or for the client to be released without it
- Helping the client understand what’s happening and what their rights are
A strong defense early on can make a big difference. Even if charges aren’t dropped at arraignment, a good lawyer can prepare the case for the best possible outcome later.
Need Help With an Arraignment?
While it’s not common for charges to be dropped at an arraignment, it’s not impossible. Things like minor offenses, no criminal history, and lack of a victim can improve the chances. But even if charges aren’t dismissed right away, the arraignment is still an important step in the case.
If you or someone you care about is going through an arraignment in Huntington Station, NY, don’t face it alone. A defense lawyer can help protect your rights and fight for a better outcome. Call Karpf Criminal Law at (516) 650-5875 today to schedule a consultation.