Q: My brother was arrested for possession of cocaine, it was meth, & they didnt put an amount. Defect in Indictment?
Can he get that dismissed? Dont they have to put a weight and the right drug? Which Motion to dismiss would it be- failure to state an offense or defect in charging instrument? We cant afford an attorney and his public defender does not answer, any help on what to file or look up would be appreciated. Thank you
A: The State has the burden of proof in all cases to convince a jury that all allegations in an indictment are true. The remedy in the situation you describe is to set the case for trial (and in the meanwhile, have the drugs tested by an independent 3rd party lab; your brother can't just walk up to a Judge, say: "It was meth, not cocaine" and have a Judge respond:, "Oh. Okay. Case dismissed.")
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