The question often arises whether charges can be dismissed during an arraignment hearing. In some cases, charges can be dropped during this initial stage if the prosecution sees a compelling reason to do so, such as discovering that the defendant was mistakenly accused. It's also possible for charges to be dropped at this stage if a plea deal is reached between the defense and the prosecution, provided the judge agrees.
However, in reality, charges are rarely dismissed during arraignments. More often, defendants enter a not guilty plea and the case proceeds to the pre-trial stage of the criminal process. Read on to learn more and then contact Law Office of Michael L. Fell at (949) 585-9055 for a free legal consultation.
The Role of a Judge in an Arraignment Hearing
Typically, judges do not have the authority to dismiss charges at an arraignment, and it is unusual for them to do so.
However, the prosecutor could potentially drop charges at the arraignment, given there's a solid reason. For instance, if evidence surfaces indicating that the defendant was incorrectly charged, charges may be dropped.
Sometimes an early plea deal can be agreed upon by the prosecutor and defense attorney during the arraignment, leading to dismissal of certain charges.
It's essential for defendants to secure a criminal defense attorney before their arraignment. With legal counsel, they can thoroughly review the evidence related to their case to comprehend the charges they face.
Evaluating Evidence Prior to the Arraignment
The evidence that defendants and their attorneys should examine may include the arrest report, notes from the arresting officer, statements from any witnesses to the alleged crime, any documentary evidence cited by the district attorney, and any physical evidence.
Upon reviewing these materials, defendants and their lawyers may find that the prosecutor has incorrectly charged an offense. If that's the case, the defense attorney can file a motion to dismiss the charge.
Once the arraignment takes place, the judge reviews the motion and all relevant evidence. If it appears that the charges lack sufficient evidence, the judge may grant the motion. It's important to note that it's not common for a criminal charge to be dropped during an arraignment.
The Purpose of an Arraignment Hearing
An arraignment hearing serves as the first official court hearing in a criminal case. These hearings occur in both misdemeanor and felony cases.
During these hearings, judges undertake several key actions:
- Informing defendants of their Constitutional rights
- Disclosing the specific charges that have been filed against them
- Accepting the defendant's plea
- Determining, adjusting, or dismissing the defendant's bail
The arraignment takes place once the local District Attorney’s office or the City Attorney’s office has filed formal charges against a defendant.
Post-Arraignment Procedures
If the charges are not dropped during the arraignment, the case moves to the "pre-trial" stage. This stage encompasses everything that happens before the actual jury trial, including court appearances, filing of motions, exchange of relevant evidence ("discovery"), and plea negotiations.
State-Specific Laws: The California Example
Like all other states, it's unusual for a judge to dismiss or drop charges during an arraignment in California.
If the judge doesn't drop the charges, the defendant can plead guilty, not guilty, or no contest. Alternatively, the defendant can ask for a deferred entry of judgment, according to Penal Code 1000 PC. This is a diversion program that requires the accused to abide by certain terms for a specific period. Successful completion of this program could lead to the dismissal of the charges.
It's important to remember that failing to appear at an arraignment is considered a crime in California. If defendants or their attorneys do not appear at an arraignment, they will face charges under either Penal Code 1320 PC or Penal Code 1320.5 PC, depending on the circumstances.
In conclusion, while it is possible for charges to be dropped during an arraignment, it's not a common occurrence. Those facing charges should consult with a reputable law firm such as Law Office of Michael L. Fell at (949) 585-9055 to discuss their case and understand the best course of action.