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

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. 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. 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 ATTORNEY IN THIS FORUM. Legal advice comes after a complete review of the facts and relevant documents and an expressed (written) agreement of representation that forms attorney-client confidentiality. Neither of these two events can occur in this forum. Mr. Rafter is licensed to practice in the Commonwealth of Virginia and the US Federal Courts in Virginia. His answers to any Avvo question are rooted in general legal principles--NOT your specific state laws. There is no implied or actual attorney-client relationship arising from this education exchange. You should speak with an attorney licensed in your state, to whom you have provided all the facts before you take steps that may impact your legal rights. Mr. Rafter is under no obligation to answer subsequent emails or phone calls related to this or any other matter.


  3. 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.


  4. 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.


  5. 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 services to on or behalf of any person or any entity. Usage of the Avvo website is not intended to and shall not create any obligation or relationship between the user and the Law Office of David Reagan, including but not limited to, an attorney-client relationship. Further, the communications on this website between you and the Law Office of David Reagan may not be privileged or confidential. Finally, your situation may be governed by deadlines that may or may not have already lapsed, and you may lose your rights if you do or did not act within those deadlines.


  6. 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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