Q: How can you be indicted for distribution when the ci said you didn't give him the drugs, someone else did?
How can they supersede you even after they admitted they didn't have probable cause the first time and they still charge you with the distribution and add conspiracy? Isn't that double jeopardy? Now have co-defendent that actually gave the drugs to ci yet wasnt charged until a selective prosecution was filed.
A: First, it is not double jeopardy. The State is free to proceed by way of Preliminary Hearing and Indictment. If they fail at Preliminary Hearing, they are free to seek an Indictment. Second, you could be charged if you were involved in any way. Finally, you need to hire a Criminal Defense Attorney to assist you with this matter right away. The sooner you hire an attorney, the better.
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.
