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Prosecutors could drop drug charges in certain situations

| Aug 28, 2020 | Criminal Defense |

Felony drug charges bring with them potentially serious repercussions for those facing charges. Even misdemeanor charges bring forth concerns. Someone convicted of a drug-related misdemeanor in New York may find the resulting criminal record could remain a dark cloud over someone’s head for life. In many cases, though, the charges end up dropped.

Police procedure affects the outcome

Law enforcement officers do need to follow the law themselves. Entrapment arrests, for example, won’t like hold up in court. An officer involved in a sting operation who blatantly asks a disinterested passerby if they want to buy drugs is likely to commit entrapment.

Police officers who lack probable cause to make an arrest or perform a search without a warrant probably won’t support a viable prosecution. A defense attorney could seek a dismissal of charges in such instances.

Police officers involved with outright corruption could create problems with prosecutions. Charges against a defendant may be dropped when the case ties to police corruption.

Other ways charges are dropped

Not all instances of dropping charges are as dramatic, though. One common reason the district attorney drops charges involves plea bargain agreements. The defendant may plead guilty to a lesser charge, and the more severe charges get dropped.

The inverse may be possible, to the presumed detriment of the defendant. Someone may be arrested on several charges, and the prosecution chooses to drop lesser charges and go forward with the major felonies.

Also, an attorney could point out a lack of evidence. Someone facing a drug charge might worry about how the events play out in court. The charges might be dropped, depending on the circumstances.