Legal Question in Criminal Law in Colorado
criminal act
if the police arrest someone for cocaine and after being arrested they find out its actually not cocaine but some kind of powder with mixture of other substances, should the charges be dropped? and why?
4 Answers from Attorneys
Re: criminal act
If it is not illegal: Attempt to Possess or worse: PCS2 with Intent.
What state do the charges come from?
Re: criminal act
Depends on the charges. Possession of cocaine, dropped. Possession with intent to distribute (because defendant believes it is actually cocaine), no.
Good luck.
Re: criminal act
If lab tests show that no illegal substance was possessed, then there is no crime, and the charges should be dropped. If one of the substances in the mixture is illegal, then the charges should be changed to reflect whatever the illegal substance is.
Re: criminal act
if the substance is illegal, then can be charged with what ever it is - but they have to change charging document prior to start of trial - I won a case charged as meth that was actually coke that way
Related Questions & Answers
-
Reconsideration what does a lawyer fee for a reconsideration of a case Asked 10/07/08, 9:11 pm in United States Colorado Criminal Law
-
Assualt is there a staute of limatations for assualt in colorado Asked 10/07/08, 2:37 pm in United States Colorado Criminal Law
-
@nd degree assault w/a deadly weapon , an act of domestic violence My ex falsly... Asked 10/07/08, 12:24 am in United States Colorado Criminal Law
-
Child Abuse? I recently got a ''child abuse'' ticket for leaving my set of 18mo old... Asked 10/06/08, 8:12 pm in United States Colorado Criminal Law
-
Blackmail My stepson and his girlfriend owe me money for a car accident. I... Asked 10/02/08, 11:38 am in United States Colorado Criminal Law
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
