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Can a DA drop charges at the arraignment hearing or after the hearing?

Miami, FL |

On a felony case can a DA drop charges at the arraignment or after?

Attorney Answers 11


  1. The State Attorney can drop the charges anytime it wants.

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  2. Yes, the DA can move to dismiss the charges (or even decline to charge before filing charges)


  3. Yes. The standard practice is for the State Attorney's Office to conduct pre-filing interviews of the witnesses to determine if the Office will move forward with prosecution. This is typically done before the arraignment. The State Attorney's Office may drop the case if, after talking to the witnesses or if witnesses fail to cooperate, it appear the case is weak or the Office does not believe it can move forward in good faith.


  4. Prosecutors have the discretion to drop a case at any time, and have a duty to do so when they do not have evidence to support the charge.

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  5. They can drop it at any stage.

    Please understand that the following is not to be construed as legal advice. More information would be needed in order to make legal determinations on your legal matter. Furthermore, an attorney-client relationship does not begin until a retainer agreement has been signed.


  6. The DA is in the driver's seat. They can drop the charges at any time.

    Andrew M. Bonderud, Esq. is an attorney The Bonderud Law Firm, P.A. He offers free consultations 24/7. You can reach him at 904-438-8082. Andrew's posting here is not to be considered legal advice nor does an attorney-client relationship exist.


  7. The prosecutor does have that the ability to drop a case - and if the facts are week sometimes a good criminal attorney is able to convince the DA to drop the charges (or at least substantially reduce the cherges)

    This is not intended to be legal advise or as legal representation. I am a California personal injury attorney . Be aware that every state has its own statute of limitations; and statutes & case laws that govern the handling of these matters.


  8. We have State Attorneys in Florida, not District Attorneys. That said, they have the discretion to drop charges before Arraignment, at Arraignment or any time they choose, including in the middle of trial. If you have a good case that may be dismissed by the State, I suggest you hire a good lawyer to assist you with ensuring that it happens as soon as possible, to avoid putting you through more stress and aggravation with your case.

    Best of luck!

    Posting an answer to your question does not create an attorney / client relationship such that you can or should rely on the information provided herein to take action. Instead, it is intended to simply provide you with information. I am not your lawyer and cannot provide you with legal advice unless and until I am hired to do so.


  9. Sorry to chime in so late here but the State Attorney can drop the charges before, after or at the arraignment. There is a big difference in probable cause for the arrest, the standard needed to file the charges and actually proving the charge at trial. Good luck if this is your case!

    Please be advised that answering your questions does not establish an attorney-client relationship with myself or my firm. 407-588-6714 bill@thelawman.net


  10. Yes. If the decision has been made to "no action" or "no info" the case during pre-file, the announcement will be made at arraignment.

    If exculpatory evidence should surface in the future or the state has problems with witnesses, a case can be dismissed then.

    The discovery process is crucial because it allows your attorney to take depositions of witnesses. Sometimes, a good deposition where a witness mades admissions that are beneficial to the defense's case can lead to the case being dismissed.

    All comments made by the attorney are mere statements of opinion and are not intended to be interpreted as legal advice. There is no attorney-client relationship formed as a result of this comment.