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Possession w/ Intent and Lesser Included question

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brandon72223

Junior Member
What is the name of your state (only U.S. law)? Arkansas

Hello and thank you in advance for any information you might have. I was arrested and charged with possession w/ intent. My lawyer has filed a motion to dismiss the charge. His contention is that the undisputed facts do not prove intent but just simple possession. I am fine with this as it is true.

However what I am worried about is that the prosecutor will either Nolle Pros the case and recharge me with simple possession or the court will agree and dismiss the charge and then I get charged with possession.

Since jeopardy will not attach, as this is a pre-trial hearing, I was thinking of just telling my lawyer to drop the motion and let's go to trial on the top count that way jeopardy will attach.

Can I be recharged for a lesser included if the lesser included is part of the same criminal esposide and all the elements are the same if the charge is noll prossed (sp?) or the Judge grants the pre-trial motion?

Thanks in advance,

Brandon
 



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