Q: Charged with possession and a probation revocation hearing was dismissed with prejudice can he still be tried in court
The defendant was a passenger in a work vehicle and the vehicle was pulled over for a tag light being out. The driver/co defendant had drugs in her bra and gave the police permission to search the vehicle. More drugs were found in her bag behind the driver’s seat. The defendant didn’t know the drugs were in the vehicle. Both the defendant and co defendant went to jail for possession , trafficking, no tag light, etc the co defendant wrote a statement saying the drugs were the defendants and posted bond The co defendant had a probation revocation hearing on the allegation and the judge ruling was dismissal with prejudice because the drugs were not tested in the 60 days prior to the hearing. Can the defendant still be tried on these charges? The substance was tested four or five months after the hearing and seven months after the arrest.
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.
