Princey Aydin was one of 26 people arrested following the rally at Sydney Town Hall attended by thousands on the evening of February 9.
The 42-year-old allegedly threw a water bottle at a police officer as the rally erupted into violent clashes between protesters and law enforcement, who drew widespread condemnation for their use of force.
Aydin was arrested during a 5am raid on their house by the riot squad, who were seen smashing down the door in footage criticised as excessive by human rights advocates and Greens MPs.
Aydin faced Sydney's Downing Centre Local Court on Wednesday alongside 13 other protesters to learn that police require three weeks to review the charges.
The scrutiny has been prompted by the ruling the controversial protest restrictions in place at the time of the rally are unconstitutional.
The measures, rushed through NSW parliament after the Bondi massacre, allowed the police commissioner to make a declaration preventing residents from holding authorised rallies for up to three months after a terror attack.
This left protesters vulnerable to arrest for obstructing traffic or pedestrian movements if they marched through the streets.
But the NSW Court of Appeal ruled in April that the laws impermissibly burden the right to political communication.
The judgment could have consequences for the prosecution of the protesters arrested after the Herzog rally, the court was told on Tuesday.
It appears that many of the charges laid against the protesters cannot stand, Aydin's solicitor Nick Hanna said outside court.
"We welcome the decision of the NSW Police Force to review and reflect upon the conduct of the police and the charges, and we hope that all the charges are withdrawn in due course," he said.
Mr Hanna said he began calling for police to withdraw the charges against protesters 10 minutes after the Court of Appeal decision was handed down.
The unconstitutional laws in force at the time of the rally had been used to justify "the most brutal police crackdown on peaceful protesters in decades", he told reporters.
An independent probe is investigating police actions at the rally, including incidents of alleged misconduct.
Police drew criticism for shoving a group of Muslim worshippers performing the sunset prayer while dozens of protesters reported being beaten and pepper sprayed by officers.
NSW Police Commissioner Mal Lanyon said no officers have been stood down due to alleged police brutality at the rally.
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