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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 16042
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Ive asked and I dont get any answer

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I've asked and I don't get any answer
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 2 years ago.
Hello Jacustomer,

Thank you for requesting me. I was asleep for the evening when you posted this.
What is it that you'd like to ask me?
Customer: replied 2 years ago.
I was keeping in touch.at my arraignment my weapons charges were no action.I guess it was dropped.why and what does that mean.please thank u
Expert:  Zoey_ JD replied 2 years ago.
Jacustomer,

If you were given a new date to come back to court, then your case was not dropped. If you were not arraigned on any charges and you were just sent away, then that looks good that this matter is likely to be completely over with.
Customer: replied 2 years ago.
I have 3 charges one saids no action.and lawyer said it was dropped I just wana know why this happen.I have to go back on tues.for a hearing.
Expert:  Zoey_ JD replied 2 years ago.
Hi Jacustomer,

You'd have to ask your lawyer, as he can find out from the prosecutor exactly why the charge was dropped. In general, however, it means that the prosecutor felt that he or she would be unable to prove that charge against you beyond a reasonable doubt and so he dismissed that charge. For one reason or another, the state does not have enough evidence. That's good news, and your lawyer should be able to give you the details when you see him on Tuesday.
Customer: replied 2 years ago.
Yea thats great news and what can I expect on Tuesday.it saids set for hearing and or trial ...I didn't think that charges could be dropped in an arraignment.my lawyer is good but he barely answers my calls.you have been a great help .
Expert:  Zoey_ JD replied 2 years ago.
Hi,

Generally when the state files charges, they want those charges to stick. But if for some reason they know that they cannot make out their case, they can drop the charge at any time, even at an arraignment.

If you have only just been arraigned, you are a long way from trial. There may be a hearing on the day you have to appear. In some states, hearings are granted to see if the state wants to go forward with the case as a misdemeanor or a felony. We spoke about a hearing to suppress evidence in an earlier post. It's much too soon for that kind of hearing.
Customer: replied 2 years ago.
It was posted the day of my arraignment.for oct 4 .kinda fast I guess so what could I expect there.
Expert:  Zoey_ JD replied 2 years ago.
Jacustomer,

There will be no trial on the 4th. It is much too soon. No motions have been done, no discovery has been turned over. Trials do not take place quickly.

If there is a hearing, it's a preliminary to see whether the state has probable cause to have arrested you and how the state is going to go forward with the charges. (as a misdemeanor or felony). Basically, the arresting officer would take the stand and go into what happened that led to your arrest. There may be other witnesses too.

But I don't know enough about what happened on the last date to predict. All cases that are not going to end in pleas get put on the calendar for hearings and trial. But most of the court dates, nothing at all happens except that the court makes sure that he's updated so that a defendant gets everthing that our law entitles them to.
Customer: replied 2 years ago.
That's all that happend I was originally charged with 3 felonies ...then arraignment came and they dropped one. That's all I know.
Expert:  Zoey_ JD replied 2 years ago.
Hi,

Then if there is a hearing on your court date, it will be for the state to see if they can really indict this case. You were arrested and arraigned on felony charges, but the state can't go forward on a felony without an indictment. Someone, usually a grand jury, has to believe that the if the state can prove its evidence beyond a reasonable doubt, it's the sort of evidence that would lead to a felony conviction. This hearing would be related to the indictment process, and it would be a good thing because you and your lawyer would get to hear what the witness would say at trial very early in the case.

There also may be no hearing. Like I have said, cases are always calendared "for hearing and trial." There may only be a status report given to the judge by both sides as to where the case stands.
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 16042
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
Zoey_ JD and 10 other Criminal Law Specialists are ready to help you
Customer: replied 2 years ago.
Ok then u have been very helpful ...I will keep in contact with you about my case after Tuesday. Also if my weapons charge was dissmissed does that mean I get my guns back.
Customer: replied 2 years ago.
Ok then u have been very helpful ...I will keep in contact with you about my case after Tuesday. Also if my weapons charge was dissmissed does that mean I get my guns back.
Expert:  Zoey_ JD replied 2 years ago.
Hi,


If the state is not holding the guns as evidence and they are not needed for your case, you can ask your lawyer to speak to the prosecutor about getting the police to return your weapons now. Unfortunately, though, you can lose both your state and Federal gun rights for a felony conviction, so the police are probably likely to want to hold onto your guns until your case is over with to see if they have to return them at all. Stiil no harm in letting your lawyer try.

Keep me posted and good luck on Tuesday!
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 16042
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
Zoey_ JD and 10 other Criminal Law Specialists are ready to help you

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