Can You Get a Federal Charge Dismissed Before Trial in Arkansas?

When Is Pretrial Dismissal Possible?

Under Federal Rule of Criminal Procedure 12, you may raise defenses before trial to seek dismissal of all or part of the indictment—without proceeding to full trial on the merits. These can include:

• Defective indictment: errors in the charging document, multiplicity, venue issues

• Pre‑indictment or selective prosecution challenges

• Speedy Trial Act violations under 18 U.S.C. § 3161 (violent or prejudicial delays)

• Insufficient evidence after key suppression victories

Grounds Under Speedy Trial Act

If the government fails to indict within 30 days or bring the case to trial within 70 days of your initial appearance—unless you waive those rights—the court may dismiss under the Speedy Trial Act. Dismissal may be with or without prejudice depending on the circumstances.

It is possible—but rare—for federal charges to be dismissed before trial in Arkansas. The process requires precise timing, strong legal arguments, and familiarity with federal procedural rules. Ludwig Law Firm routinely evaluates these options early to protect clients from needless prosecution.

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What Motions Can Lead to Dismissal?

1. Motion to dismiss for jurisdiction or venue defects (Rule 12(b)(3))

2. Motion to dismiss charges for insufficient evidence, especially after major suppression rulings removes key proof

3. Motion to suppress evidence: if excluded evidence leaves the prosecution unable to prove charges

4. Motion based on constitutional violations, such as selective or vindictive prosecution

How It Works in Arkansas Federal Court

In the Eastern or Western Districts of Arkansas, your attorney must file these motions promptly—usually before the arraignment or soon after. The court must rule on each pretrial motion before trial, unless there is good cause to defer ruling.

Why Dismissal Before Trial Matters

Avoiding trial spares you the risk of conviction and exposure to sentencing guidelines. If key evidence is suppressed, or procedural rights were denied, dismissing charges early may be your best outcome.

Pretrial Dismissal Possibilities

How Ludwig Law Firm Helps

We evaluate potential dismissals at the outset of each case. Our strategy includes:

• Reviewing the indictment for legal flaws

• Filing motions to dismiss or suppress as early as permitted

• Monitoring Speedy Trial deadlines to protect dismissal rights

• Positioning the case in the best possible posture—even if plea becomes necessary

We Have The Tools To Secure a Dismissal

Pretrial dismissal of federal charges is legally possible in Arkansas—but only with experience, timely action, and precision. Ludwig Law Firm fights early—and often—that fight. Don’t pay for delays. Let us evaluate your case now and pursue dismissal if the facts support it.

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Disclaimer: The information provided in this blog is for general informational purposes only and is not intended as legal advice. Reading this blog or interacting with Ludwig Law Firm through this content does not create an attorney-client relationship. Every legal case is different, and you should not act or rely on any information in this blog without first consulting with a licensed attorney about your specific situation. For legal guidance tailored to your needs, please contact Ludwig Law Firm directly.