Is it possible to get a case dismissed at an arrainment? If so, how?

Asked 6 months ago - Cupertino, CA

Hit n run contacting scraping another car. I was unaware. I have insurrance n already fixed their damag. Chrg mistomeaner. 1st accident in over 25 years. Had nothing to gain. Their damage only $18. I go to court 1:30 today!

Attorney answers (6)

  1. Robert Bruce Kopelson

    Contributor Level 20

    8

    Lawyers agree

    Answered . Plead not guilty at arraignment, and waive right to speedy trial. Then contact a local criminal defense atty for advice and or representation. If the charges are filed, they will not be dismissed at the arraignment. You only enter a plea at arraignment, you don't get to explain etc. Further, don't post anymore in public about what happened. You could end up with an admission that can be used to convict you.

  2. Lisa Michelle Harris

    Pro

    Contributor Level 12

    7

    Lawyers agree

    Answered . Theoretically, yes. If your attorney had time to investigate, gather exculpatory evidence, etc. and presented that to the prosecutor at arraignment, it might be possible.

  3. Wendy Marie Schenk

    Contributor Level 16

    5

    Lawyers agree

    Answered . Hire a criminal defense attorney immediately! AVVO has a great search option. Although at this late date its questionnable whether you will be able to hire someone a mere few hours beforehand. Good luck!

    ***This response is provided solely for general information purposes and is not intended as legal advice, nor does it create an attorney-client relationship.

  4. David Thomas Reagan

    Contributor Level 8

    4

    Lawyers agree

    Answered . Had you hired an attorney before the arraignment date, had that attorney presented proof of insurance payment, and had the attorney explained the situation, it is possible. However, for the most part, the arraignment is just a formality and the pretrial conference is where issues like this are resolved. If you are by yourself, please do not talk to the district attorney, follow the other posters advice and consult with an attorney! With your good record and this being a minor incident, do not take any risks, and be patient with the court process. There is a reasonable probability for a good result.

    Nothing contained in this communication is intended to be, or shall be deemed as, legal advice, counsel, or... more
  5. Rixon Charles Rafter III

    Contributor Level 20

    4

    Lawyers agree

    Answered . You should have hired an attorney or sought help BEFORE the day of your court appearance, not two hours prior.

    An attorney needs to know ALL the facts and details about the incident, the person, the insurance companies involved, the polcie report etc.

    About all you can do now is cull the attorneys sitting around the courthouse to find one willing to represent you. Go early, seek out traffic lawyers in court--for the most part they will be the ones in suits and ties, and negotiate a representation agreement. Best of luck to you.

    NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. DO NOT RELY ON ANY ADVICE YOU RECEIVE FROM ME OR ANY OTHER... more
  6. Vijay Dinakar

    Pro

    Contributor Level 17

    2

    Lawyers agree

    Answered . Plead not guilty, continue case approximately 1 month and then hire an attorney asap. An attorney can seek to have the matter dismissed through civil compromise or otherwise. There may also be applicable defenses to the allegation. Hire counsel asap. Best of luck

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