Atlanta, GA asked in Criminal Law for Georgia

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 ?

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2 Lawyer Answers
Ralph Behr
PREMIUM
Ralph Behr
Answered
  • Criminal Law Lawyer
  • Boca Raton, FL

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.

Alexia Dawn Davis
Alexia Dawn Davis
Answered
  • Criminal Law Lawyer
  • Augusta-Richmond County (Balance), GA
  • Licensed in Georgia

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.

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