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What are the chances of my charges getting dropped in court?
Anonymous8 views4 answers
I know its hard to say but heres my situation. Im on pretrail diversion right now and its to expensive and time worthy and i DO NOT HAVE DRUG AND ALCOHOL PROBLEM ( 4.3 gpa in highschool and going to a rigourous college). I was accused of smoking a joint in my car with a friend by citizen. I then was eating dinner with my friend in a restraunt and a cop came in and told me to come outside. When I went outside the cop took my keys from me (which i feel is big enough to get dropped but it isnt in police report), I automatically assumed they had probable cause so my friend and i told them we had pot in the car and they searched. Friend also told cops it was his... i got charged cuz there was some in center consule of my truck (did not tell them it was in there).
Your best bet is to stay in the diversion program. If you successfully complete it, the state will drop the charges. Pre-trial diversion can be a hassle. However, the benefits of having this case dropped outweigh any stress you are feeling right now. Not knowing anything about your case, except for what you wrote above, I would say that the chances of the state attorney spontaneously dropping your case are zero. The facts you described above may provide you with an "unlawful search and seizure" argument. If you win an unlawful search and seizure argument, the state must drop the case. However, it is very difficult to win that argument. And from my experience, the state attorney hardly ever considers police activity unlawful or unconstitutional. In other words, you would have to file a motion to suppress the evidence based upon the unlawful way the police gathered the evidence. That will cost you much more than a pretrial diversion. If you want the state to drop your case, your best option is to continue with the pre-trial diversion program.
There's no way to tell but if money is your issue then hiring a private attorney and fighting it will cost a lot more than diversion.
www.BryceFetter.com
Sounds like you have a legitimate suppression issue. But considering you don't have enough money to complete the PTI program, it is unlikely you could afford to hire an attorney to raise the suppression issue for you.
The benefit of the pretrial diversion program is that you dictate the outcome of your case. If you abide by the diversion contract you are guaranteed the case will be dismissed. In bringing the case back to court the options for your case being dismissed are taken out of your hands and placed in the hands of the prosecutor or the judge. The factual scenario you supplied indicates there maybe a possible search and seizure issue. However, there is no guarantee that the court will agree that the search was illegal and dismiss the case. So the "best" chance for a dismissal in your case would be to complete the pretrial diversion program.
