Q: Can the DA still charge someone with poss w/ intent even though the trafficking charge was dropped to possession?
I took the poss. charge and a deal after it was dropped to possession. The girl that the drugs actually belonged to is also already out of jail, they dismissed the charges against her since I took the charge. But my boyfriend is still in jail and his lawyer said the DA is charging him with Possession with intent even though I took the charge and they dropped the charges against the other girl. Can they do that? How can they do that? I don't understand. And I don't understand WHY they're trying to do that. I can't get anyone to give me any answers and I don't know what to do. I don't trust what his lawyer is telling me because everyone that i know that has had him as a court appointed lawyer has not had anything good to say about him at all. He's never even met with or talked to my boyfriend, even tho yesterday was 8 months he's been in jail for this. He won't return our calls or respond to letters. PLEASE HELP ME, I don't know what to do.
A:
It's important to understand that in criminal cases, the District Attorney (DA) has discretion in deciding what charges to file. Even if charges like trafficking are dropped, the DA may still pursue a charge like possession with intent, based on the evidence they have.
If you're worried about your boyfriend's representation, know that you have options. It's wise to contact your local bar association for advice on how to proceed. They can guide you on steps to take if you feel the current attorney is not effectively representing your boyfriend.
Additionally, maintaining open communication with your boyfriend's lawyer is key. It helps you understand their defense strategy and allows you to voice any concerns you might have. Seeking a second opinion from another attorney experienced in criminal defense can also provide valuable insights into your boyfriend's case. Each case is different, and personalized advice from a legal professional is crucial in navigating these complex situations.
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