Albion will assess Kazenga LuaLua's frame of mind before deciding whether to involve him in Saturday's derby at Crystal Palace.
The winger, charged with affray, is back with the Seagulls after a jury at Newcastle Crown Court failed to reach a verdict.
The jury has been discharged and the case will now be looked at again in court in two weeks.
Boss Gus Poyet told The Argus: "He trained yesterday and we will see today, how he is, how he is feeling, mentally especially.
"Maybe he has got a chance, who knows, depending on the quantity of players, how we plan the game and a few things, but especially the mental side is going to be the most important one."
Poyet remains confident of having former England left-back Wayne Bridge available after calf trouble.
He said: "We've got quite good news. I think we are going to have a very good chance of having close to a very good team, then it depends on the state of the (training) pitches, the temperature, reactions (to injuries). You never know but I'm quite confident.
"The whole situation of the team being in a decent run helps mentally as well. Everybody wants to be a part of it but we'll see."