confused about drug named in possession charge

[jackibell]

What is the name of your state? texas
if charged with possession of <1 gram of cocaine but was actually meth - is this a mistake that can possibly warrant a dismissal? this sounds unlikely to me but i was told this could be a technicality worth exploring. if so, then what are the contributing factors and/or risks? thanks

 

[garrula lingua]

You will be charged appropriately.

The lab results will show what the powder was... and the charge will reflect the results.

 

[Kane]

The simple answer is "no."

The complicated answer is that the charge you were booked into jail on is not necessarily the charge the prosecutors will ultimately bring against you. As long as they figure out, at least ten days before trial, that it's meth, not coke, and plead the correct substance in the indictment, they're free to obtain a conviction for meth, even if the police initially thought it was coke.

As a practical matter, they're going to get the lab results back long before your case gets set for trial.

It is true, though, that if they somehow went to trial on an indictment alleging coke, and the evidence (the lab report) showed meth, you would be entitled to an acquittal at that point. That's incredibly unlikely though.