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

Asked about 1 year ago - Miami, FL

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

Attorney answers (11)

  1. Michael Charles McGinn

    Pro

    Contributor Level 15

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

    If you find my answer to be helpful or the best answer, please make sure to mark your choice. **COMMUNICATION ON... more
  2. Dana M Moss

    Contributor Level 11

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    Answered . 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.

  3. James Donald Garrett

    Contributor Level 20

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    Answered . 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.

    Responding to questions on AVVO does not establish an attorney-client relationship between the questioner and any... more
  4. Justin Gary Hausler

    Contributor Level 16

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    Answered . 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... more
  5. Andrew Michael Bonderud

    Contributor Level 14

    16

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    Answered . 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... more
  6. Amir A. Ladan

    Pro

    Contributor Level 16

    15

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    Answered . 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... more
  7. Anthony Michael Solis

    Pro

    Contributor Level 20

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

  8. William David Umansky

    Pro

    Contributor Level 19

    12

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    Answered . 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... more
  9. Eric Matthew Matheny

    Contributor Level 10

    10

    Lawyers agree

    Answered . 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... more
  10. Michael R Crosner

    Contributor Level 20

    11

    Lawyers agree

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    Answered . 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 .... more
  11. Jonathan Harry Wasserman

    Contributor Level 4

    8

    Lawyers agree

    Answered . Yes. The State can drop charges at any time

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