Can you talk to a prosecutor before arraignment?

Asked by: Stefan Huels MD  |  Last update: June 8, 2025
Score: 4.3/5 (62 votes)

That depends. Are you a victim or a defendant? Prosecuting attorneys are ethically forbidden to speak with defendants about their cases; the only exception is in the Courtroom when the Judge is presiding over the case.

Should you talk to the prosecutor?

From a practical standpoint, reaching out to the prosecutor is a bad idea. The prosecutor's role is to prosecute the case. In most circumstances, that means that the prosecutor is going for a conviction against you. It's tempting to believe that if you can just tell your side of the story this will all go away.

Can a case be dropped before arraignment?

Defendants who believe the case against them is very weak often ask whether it's possible to negotiate a dismissal before the arraignment. Unfortunately, this possibility generally exists only for defendants who hire private attorneys prior to arraignment.

What not to say to a prosecutor?

Here are a few things to avoid:
  • Agreeing to a deal you don't understand: Sometimes, a prosecutor may try to negotiate your charges with you. ...
  • Giving them information they don't know: Much like police, prosecutors may also try to act like your friend when speaking with them.

What three conditions must be present before a prosecutor charges a criminal case?

(a) A prosecutor should seek or file criminal charges only if the prosecutor reasonably believes that the charges are supported by probable cause, that admissible evidence will be sufficient to support conviction beyond a reasonable doubt, and that the decision to charge is in the interests of justice.

Should I talk to the prosecutor in court before hiring an attorney? | Ryan Garry LLC

44 related questions found

What evidence does a prosecutor need?

Prosecutor's Responsibility to Present Evidence

Testimonies from witnesses who saw or experienced the crime. Physical evidence like weapons, DNA, or fingerprints. Testimonies providing analysis that supports the prosecution's case.

Can you go to jail at an arraignment?

Yes, you can absolutely go to jail at an arraignment in California. An arraignment is the first court appearance after an arrest.

Does writing a letter to a prosecutor help?

Such letters can also help the prosecutor understand how a criminal conviction will disproportionately impact you. To put this in more legal terms, character letters can help a prosecutor understand how the interests of justice will be better served through a reduction in charges.

What is one reason prosecutors may decide to dismiss cases?

Legal Issues or Procedural Errors: Prosecutors may dismiss a case if there are significant legal issues or procedural errors that could compromise the fairness of the trial. This could include violations of the defendant's constitutional rights, mishandling of evidence, or other legal irregularities.

What not to tell a judge?

Here are five things all defendants will want to avoid saying to a criminal judge:
  • 'I Did It. ' ...
  • 'They Didn't Tell Me...' ...
  • Expletives. ...
  • Lies, Lies, Lies. ...
  • 'I Will Represent Myself.

Which is the most common plea at arraignments?

Not Guilty Plea

This is the most common initial plea, and your criminal defense attorney will likely enter a not-guilty plea at your arraignment to begin the process.

When must an arraignment take place?

…the defendant shall in all cases be taken before the magistrate without unnecessary delay, and, in any event, within 48 hours after his or her arrest, excluding Sundays and holidays. (May be extended when court is not in session).

How do you know if your case will be dismissed?

Some signs we look for are a lack of physical evidence, gaps in the chain of custody of evidence, contradictory eyewitness accounts, or witnesses who lack credibility. If the prosecution's case is built on a shaky foundation, they often realize a dismissal or plea deal is their best option.

What are prosecutors not allowed to do?

Tampering with evidence. Knowingly presenting false witness testimony or other false evidence to a court or grand jury. Asking a defendant or defense witness damaging and suggestive questions with no factual basis.

Can a victim talk to a prosecutor?

Yes, the victim of a crime can/should contact the prosecuting attorney to speak him about your case.

Do prosecutors interview suspects?

Louis: A prosecutor, such as a member of the Crime Strategy Unit, may interview a defendant to assess his or her value as a cooperator and to obtain intelligence in connection with other crimes or cases.

What is the most popular reason that cases get dismissed?

One of the most common reasons for the court to dismiss a criminal case is insufficient evidence.

How often are felony charges dropped?

Regardless of the cause, around 25-30% of felony charges get dropped before trial, so there's a decent chance your case could get dismissed, too.

How does a prosecutor decide to accept or reject a case?

Procedural issues or rights violations: Cases can be dismissed if law enforcement or prosecutors make critical errors during the investigation or arrest process. Plea bargain considerations: In some instances, prosecutors may drop certain charges in exchange for a guilty plea to a lesser offense.

How do you persuade a prosecutor?

You may convince the prosecutor to drop the criminal charges against you by:
  1. presenting exculpatory evidence,
  2. presenting evidence that supports a strong affirmative defense,
  3. completing a pretrial diversion program,
  4. testifying against another defendant, and/or.
  5. pleading guilty to a lesser offense.

Do judges read letters sent to them?

The judge will read the letters of support before the sentencing hearing and will consider them in deciding the defendant's sentence. Some letters of support can be very effective in persuading a judge to give the defendant a shorter sentence. The person who will read the letters is the sentencing judge.

Do judges care about character letters?

If you are found guilty of a crime by a jury or if you plead guilty to a criminal offense, a judge will look at the facts of the case as well as your criminal history in determining a sentence. One element that can often be helpful during sentencing is a character letter.

What happens when you waive arraignment?

Waiving arraignment is typically accompanied by the defendant entering a plea of not guilty. Following the waiver, the defense attorney and the defendant prepare for trial. The defendant's lawyer also discusses the case with the prosecutor to explore the terms of a potential plea agreement.

Which of the following does not happen at an arraignment?

Final answer: The arraignment is a court proceeding where formal charges are read, and the defendant enters a plea. The determination of probable cause does not occur during this process but rather in a preliminary hearing. Therefore, the answer is option b.

How long after indictment does arraignment happen?

For defendants who are already in custody, arraignment usually happens within 24 to 48 hours of the indictment.