Atlanta, GA asked in Criminal Law for Georgia

Q: If you get charged with entering auto and the person drop the charge, Is it a way to beat it ?

The man who car it is dropped the charge but state wanna pick it up because it’s not his first time catching the charge but he gone tell them he mistaken it for his sister car because he stay right next to her in some apartments . If just wanna know if it’s a way to beat it or get it dropped or dismissed due to the fact the man dropped the charges and he will even come to court and say it was a misunderstanding.

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2 Lawyer Answers
Joshua Schiffer
Joshua Schiffer
Answered
  • Criminal Law Lawyer
  • Atlanta, GA
  • Licensed in Georgia

A: A good lawyer will present the facts to the State in a manner that will make it harder for the Prosecution to carry their burden of "guilty beyond a reasonable doubt."

It CAN be done Pro Se (without a lawyer), but that would involve substantial assumption of risk for the defendant. A local lawyer is a MUCH safer option. A couple of affidavits and that case gets much harder for the State.

Good Luck!

Josh Schiffer

Cawanna Anise McMichael agrees with this answer

Cawanna Anise McMichael
Cawanna Anise McMichael
Answered
  • Criminal Law Lawyer
  • Carrollton, GA
  • Licensed in Georgia

A: At this point the charges are being brought by the State and the complaining witness can not on his own drop the charges. Getting counsel maybe more advantageous (which is always the case) in this case particularly because you mention the defendant has had similar charges in the past which may make the prosecutor less reluctant to negotiate.

The best way to defend the case is to hire local counsel who can get the proper statements and information from the complaining witness and leverage it against the State’s case in order to get a favorable outcome.

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