A friends house was searched several months ago and 2 felony charges resulted; possession of cntrlled substnc and possession precursor with intent to manufacture. Thats not what was going on...they found a few old baggie corners and an old container they said contained a precursor. His lawyer filed a motion for discovery, but they are unable to produce any lab reports or evidence. Will these charges be dropped or will case procede?
2007-11-28 07:58:29 · 3 answers · asked by Crystal F 1 in Politics & Government ➔ Law Enforcement & Police
At times it has taken months if not up to a year to get lab analysis back from the Department of Forensic Sciences.
After only a few months ... I doubt the lab results have been returned.
Don't think you're friend is off the hook......yet!
2007-11-28 08:36:32 · answer #1 · answered by KC V ™ 7 · 0⤊ 0⤋
The next step is a Preliminary Hearing. The prosecutor will have to show probable cause, or the case will be dismissed. If the prosecutor knows he can not prove the case, from a legal ethics standpoint, he should dismiss before the prelim.
The facts, as you cite them, do not warrant charges. However, I would suspect they have more than just what you described.
2007-11-28 08:03:51 · answer #2 · answered by trooper3316 7 · 3⤊ 0⤋
If there is no evidence, there is no case! The attorney will move for a dismissal. Charges will probably be formerly dropped in court!
2007-11-28 08:05:29 · answer #3 · answered by onlyme 4 · 0⤊ 0⤋