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Prosecutors could drop drug charges under certain circumstances

| Sep 15, 2020 | Drug Charges |

If someone faces drug charges for possession of prescription drugs and then proves that he or she has a prescription, it’s likely that the prosecutor will drop the charges. When there’s no crime, continuing a prosecution appears highly unlikely. Other people face more significant evidence from prosecutors attempting to push forward, yet charges may be dropped in certain circumstances. There are multiple reasons why drug crime charges end up not going forward in Georgia.

When the police make mistakes or outright violate the law, the district attorney’s office may drop charges. An officer who plants evidence on an innocent suspect, for example, would commit an egregious violation of the law. Prosecuting a “framed” defendant might not happen upon the revelation of planted evidence. Illegal search and seizure, entrapment and other improper actions may lead to dropped charges, such as neglecting to read someone his or her Miranda rights when required.

The prosecution may drop charges as part of a plea deal. Opting to plead guilty to lesser charges may prove preferable to a defendant unwilling to take chances in court. An attorney may even advise a client to accept a plea deal.

In some instances, an informant could receive a deal involving charges going away. Law enforcement often relies on others’ cooperation to build cases against higher-profile or more dangerous suspects in the drug trade. An offer to reduce or drop a drug charge in trade for cooperation might motivate someone’s assistance.

An arrest might lead to someone facing a collective of misdemeanors and felonies. A prosecutor might opt to drop the lesser charges and focus on the felonies, so a defendant facing severe criminal felonies could find him or herself facing significant prison time. A criminal defense attorney may be able to advise and defend a person facing charges. An attorney might present a case that makes dropping charges reasonable.

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