What Are The Chances Da Will Drop All Charges??

[mimirudy]

What is the name of your state? California

I have a misdemeanor/simple possession. I just had my pre-trial and rejected the DA's plea bargain for a Prop. 36 as I am not guilty. This twisted arrest happened after my 911 distress call and 3 unprofessional undercover police showed up at my door and almost knocked me down getting inside and yelling false accusations at me.

MY QUESTION: I have heard stories that the DA will drop charges on some cases so they do not have to impose the cost of obtaining a Jury Trial. Since this incident happened inside my home and no harm came to any outside community citizens, do you think they would consider this case big enough to incur the costs?

(FYI: I was being harassed by a unknown man knocking at my door at 3:00 AM that scared the living S___ out of me. they arrested him because they found drugs on him and ignored the fact he was stalking and terrorizing me all day. Even tho I did not know this guy, they took it upon them self to assume it was a drug deal, thus arrested me instead of handling it as a call for their protection (more to the story, must too long to type) This is why I am pleading NOT GUILTY.)

Thanks in advance for your opinions

 

[moburkes]

No, I don't think they would.

 

[CdwJava]

I have a misdemeanor/simple possession. I just had my pre-trial and rejected the DA's plea bargain for a Prop. 36 as I am not guilty. This twisted arrest happened after my 911 distress call and 3 unprofessional undercover police showed up at my door and almost knocked me down getting inside and yelling false accusations at me.

So ... it really was NOT dope they found?

If you are in possession of a controlled substance and you are eligible for Prop. 36, you should probably take it. Keep in mind that they MIGHT be able to go back and hit this as a felony, depending on the DA's filing policy and the amount of the substance.

I have heard stories that the DA will drop charges on some cases so they do not have to impose the cost of obtaining a Jury Trial.

Unless you have heard this from experienced trial attorneys, judges, or prosecutors in your jurisdiction, don't believe it. The DA is not in the habit of pursuing charges just to drop them!

Since this incident happened inside my home and no harm came to any outside community citizens, do you think they would consider this case big enough to incur the costs?

That's why they are willing to deal ... no deal, and you take your chances.

(FYI: I was being harassed by a unknown man knocking at my door at 3:00 AM that scared the living S___ out of me. they arrested him because they found drugs on him and ignored the fact he was stalking and terrorizing me all day. Even tho I did not know this guy, they took it upon them self to assume it was a drug deal, thus arrested me instead of handling it as a call for their protection (more to the story, must too long to type) This is why I am pleading NOT GUILTY.)

If that's the case, and the other facts of the tale bare this out, then you might very well come out okay. You'll have to ask your attorney about the chances.

If they did not find any dope on you, and no paraphernalia, then their case will be weak. If you have a history of dope, and if this guy has fingered you as being his connection or client, you might have a tougher road.

- Carl