Can they police stick you with a possession with intent to distribute even if they didnt find and any cocain or any drugs on you can it be dropped?

UPDATED: May 27, 2009

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Can they police stick you with a possession with intent to distribute even if they didnt find and any cocain or any drugs on you can it be dropped?

My boyfriend was in the wrong place at the wrong time and got arrested and when he got served his charges he had a sell charge,unlawful use of communication,an conspiracy i wonder if it could be dropped with no evidence and on top of that the person he was wit was set up by a registered sex offender who has kids living in his home who arent his what can be done about that

Asked on May 27, 2009 under Criminal Law, Georgia


M.S., Member, Connecticut Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

It is always within the prosecutorial authority's discretion to drop (i.e. dismiss or nolle) charges.  However, the decision to prosecute, or in this instance, drop the charges, usually rests on the prosecutor's perceived strength or weakness of the evidence.  Remember, the prosecutor knows that he or she must prove his case "beyond a reasonable doubt."

What this means from a practical perspective is that if an attorney can convince a prosecutor that it is unlikely that he or she will be able to prove his case beyond a reasonable doubt, the attorney increases his chances of getting the prosecutor to drop the charges in some manner.

Given the facts that you have provided, it sounds as if the state has a relatively weak case if no drugs were found on your boyfriend's person and the informant can be demonstrated to be unreliable.  However, you must remember that the state does have at least some evidence, even if it is just the testimony of the unreliable informant.  From the set of facts that you have provided, it sounds as if this case may turn on whatever statement the person your boyfriend was with provided to the police.  If your boyfriend's companion provided a statement that said that your boyfriend knew what was going on, then there may be some weight to the conspiracy charges.  On the other hand, if that person corroborates your boyfriend's "wrong place at the wrong time" argument, and states that your boyfriend had no knowledge of any drug activity, that would potentially greatly weaken the state's case.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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