Q: What is the easiest and or most common grounds for having a case dismissed by the people in favor of the defendant?
Specifically a narcotics case
A:
more info needed.
every case is different.
most common is illegal search and seizure
A:
Most drug possessions are misdemeanors, so one line of attack would be to show a DA how you will prove it was not possessed /transported for purposes of sale.
If it is a misdemeanor, setting the case for trial, without a time waiver, can result in a dismissal if DOJ doesn't have time to do a confirming test on the substance.
Challenging the search ( illegal car stop,illegal detention, no reasonable suspicion) or the warrant (no probable cause, includes misstatements, or confidential informants that need to be disclosed) can result in a dismissal by DA or judge
As an aside- many existing convictions for controlled substances can be
reduced to misdemeanors (and in the case of MJ restore rights) given changes to the laws.
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