Q: I was sentenced for a DUI . I caught a trafficking charge related . Can the trafficking charge be dismissed ?
I was sentenced to dui and speeding upon the same act I caught a trafficking in cocaine charge which is still pending . Can the trafficking charge be dismissed because of double jeopardy ?
A: Double jeopardy in Florida is best dealt with a motion to dismiss. This is the only way you can obtain a determination from a judge discharging (dismissing) a criminal charge. Double jeopardy issues are fact specific, that is it is based on what occurred, or did not occur, in your situation. A guess is not an answer that you can use. The only way to know for certain if you are no longer exposed to a prosecution is to litigate in court.
A: Possibly. The law on double jeopardy turns on what information was known to the prosecutor at the time the case was prosecuted. It is best to hire an attorney who is familiar with the different levels of prosecution and to evaluate the facts to the determine how closely connected the DUI arrest and the discovery of the contraband are to each other. It will require a motion and presentation of evidence to the court.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.