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Can charges be dropped at an arraignment hearing?
In this article, you’ll learn about:
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An arraignment hearing is a criminal court proceeding.
It’s where the person accused of a crime appears before a judge.
The judge will read the charges from the criminal case to the defendant.
They will then ask the defendant how they plead to the charges (guilty or not guilty).
The defendant can choose to:
After the plea is entered, the judge will set your court date for your preliminary hearing.
At the preliminary hearing, a judge decides if there is enough evidence for the case to go to trial.
Here is where they will decide if you’ll have a bench trial or a jury trial.
There are three main roles in an arraignment hearing:
An arraignment hearing is where the prosecutor:
After the prosecutor presents all of this, your criminal defense attorney will:
At the arraignment hearing, the judge will:
Read More: What Happens After A Felony Indictment?
At an arraignment hearing for a misdemeanor, a judge will decide how to proceed with the case.
The defendant will get asked to enter a:
The judge will then decide whether to:
The judge may also set bail or release the defendant on their own recognizance.
The defendant may have to appear at a later court date for a trial or sentencing.
This depends on the plea and the judge’s decision.
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At an arraignment hearing for a felony, a judge decides whether to charge you with a crime.
You will receive a copy of the charge and enter a:
The court will also set your bail amount and the date for the next hearing.
You may get released on bail or held in jail until the next hearing.
At the next hearing, the court will decide whether to proceed with the trial or dismiss the case.
Read More: What Happens If You Are Not Indicted Within 180 Days?
After the arraignment hearing, the judge will either accept or deny the plea.
If the plea deal is accepted, the judge will move forward with sentencing.
For example, the judge may order:
If the plea is denied, the defendant will go to trial.
If the defendant is found guilty at trial, the judge will then sentence the defendant.
This sentencing could include:
The defendant may be able to appeal the conviction and sentence.
Making an appeal involves filing an appeal with a higher court (i.e., Supreme Court).
They will review the case and make a decision.
If the defendant is found not guilty, the case is over and the defendant is free to go.
The court system will also close the case.
Read More: What Does Sustained Mean In Court?
Yes, charges can be dropped at an arraignment hearing.
At an arraignment hearing, the prosecutor may decide to drop the charges.
They will do this if they don’t have enough evidence to proceed with the case.
Or if the defendant pleads guilty or enters a plea bargain to a lesser offense.
However, the prosecutor is the only one who can decide to drop the charges.
It may be in your best interest to accept a plea deal.
Take a plea deal instead of having the charges dropped if the plea deal offers:
Pretrial negotiation is a way for people to settle a case without going to court.
These get used for criminal cases and happen before the trial. This includes:
It is important for the defendant to know the consequences of any agreement they make.
Like they might be getting a harsher punishment than if they went to court.
They should also know they have a right to:
At an arraignment hearing, the prosecutor has the discretion to drop charges.
They can drop the charges if:
Other things that are at the prosecutor’s discretion are:
For example, they can reduce murder charges down to manslaughter charges.
The prosecutors are always guided by the penal codes in their jurisdiction.
The prosecutor is using their discretion to make a decision that is in the best interest:
The prosecutor’s discretion ensures justice gets served in each case.
Read More: Can You Go To Jail At An Arraignment?
A plea agreement is a formal agreement made between:
It’s when the defendant agrees to plead guilty to a criminal charge. And, in exchange, they get:
Plea agreements can be used at an arraignment hearing to resolve a case without needing a trial.
This turns a long, drawn-out court process into a speedy trial for you.
For example, a prosecutor may agree to drop a charge of Grand Theft.
They’d exchange Grand Theft if the defendant pleads guilty to a lesser charge of Petty Theft.
In both of these examples, the plea agreement is used to reduce the severity of the charge.
This allows them to reach a resolution without the need for a trial.
Yes, charges can be changed after arraignment.
Prosecutors can decide to reduce a felony charge to a misdemeanor after arraignment.
This happens in one scenario.
When the prosecutor believes that a conviction on the more serious charge is unlikely.
In such a case, the defendant may be asked to enter a plea on the lesser charge.
In exchange, they would get a dismissal of the more serious charge.
The defendant’s attorney can also negotiate with the prosecutor to have the charges:
Your criminal defense lawyer will make a plea bargain that:
The parties that can change charges after an arraignment hearing are:
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Our criminal defense lawyers can tell you if:
This can keep charges off your criminal records.
They will need to research:
If you can’t afford an attorney, ask for a public defender.
Read More: Can Police Bring You In For Questioning Without A Warrant?
Here are common questions we get about this topic.
No, you have to show up to your arraignment hearing.
Your criminal defense attorney should be there with you, though.
They will be able to provide you with:
No, an arraignment does not mean you’re going to jail.
An arraignment is a court hearing where a defendant is informed of the charges against them.
And they get asked to enter a plea of guilty or not guilty.
Depending on the plea, the defendant may then:
If you are facing a criminal conviction, fill out the form on this page.
Our criminal defense attorneys have the experience you need to defend your rights.
This way, you don’t:
You deserve a fair trial in the criminal justice system.
Our law firm can provide you with that.
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