Can I Get My Charges Dropped Before Arraignment in MA

Facing criminal charges in Massachusetts? You may wonder: Can my charges be dropped before arraignment? While it’s rare, under the right circumstances, early resolution is possible—and the Law Offices of Elliot Savitz and Scott Bradley have the experience to pursue it.

Understanding the Process: Clerk Magistrate & Arraignment
In Massachusetts, misdemeanor charges often begin with a Clerk Magistrate (show cause) hearing, where a magistrate decides whether there is probable cause to issue formal charges. If the magistrate declines, the case never proceeds to arraignment or appears on your CORI record

By contrast, an arraignment is the first formal court appearance when charges are filed. At this point, the offense becomes publicly recorded—even if dismissed later.

Can Charges Be Dropped Before Arraignment?

1. Before Clerk Magistrate Hearing

Yes, frequently at this stage, provided your defense is prepared and compelling. Strong arguments—such as lack of probable cause or mistaken identity—can persuade the magistrate to dismiss the case altogether .

This outcome avoids criminal charges and keeps your record clean.

2. At Arraignment

It’s far more difficult, but possible in rare cases:

• Extremely weak evidence
• Mistaken identity
• Or if a victim declines to cooperate—and the offense is minor.

However, most prosecutions are reluctant to dismiss at this stage without strong justification or defense counsel intervention

What Improves Your Chances of an Early Dismissal?

Legal Representation & Early Preparation

Having a criminal defense lawyer present before or during the magistrate hearing or arraignment dramatically increases your chances:

• We can challenge probable cause
• Gather favorable evidence
• Speak to the prosecutor before formal charges are filed or your arraignment occurs

Type of Offense & Criminal History

• Minor charges (e.g., shoplifting, simple assault, certain motor violations) are more likely to be dropped early.
• No prior record also increases the likelihood of early resolution.
• Victim Cooperation (or lack thereof)

Although victims cannot directly drop charges in Massachusetts, if they refuse to cooperate, or drop statements, prosecutors may dismiss weaker misdemeanor cases before arraignment—especially with lawyer input.

How We Help You Avoid Formal Charges

At The Law Offices of Elliot Savitz and Scott Bradley, we specialize in early intervention that can stop a criminal case before it formally begins. Our team acts quickly to investigate the facts, identify weaknesses in the allegations, and uncover issues like mistaken identity or procedural errors. We represent clients at Clerk Magistrate hearings, engage in pre-arraignment negotiations with prosecutors, and—when appropriate—file motions or present mitigating information to prevent charges from being filed. We also pursue alternative outcomes such as diversion programs or dismissal requests whenever possible. If you’ve been contacted by police, summoned to court, or are facing pending charges in Massachusetts, don’t wait. The sooner you contact us, the better your chances of resolving the matter quietly and keeping your record clean. Let us fight to keep your case off the books—before it formally begins.