QUESTION
Will the possession charge be considered null and void if the first charge was dropped?
Asked on Mar 07th, 2016 on Criminal Law - Michigan
More details to this question:
I was charged for breaking and entering (on which police responded to this) and while the police arrested me on the premises found marijuana on my person and charged me with a second misdemeanor of possession. So, there were two charges. The first charge on which the police initially responded to (breaking and entering) was dropped by the person. My thinking is this: since the first charge was dropped, the second charge would have never been issued due to no probable cause. However, I am unsure and could use as much advice as I can get. Thanks in advance.
2 ANSWERS
Small Businesses Attorney serving Livonia, MI
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Klisz Law Office, PLLC
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No. There was probably cause and the fact that case didn't proceed has nothing to do with the other case. You'll still have to deal with that one.
Answered on Apr 08th, 2016 at 4:46 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Engage an attorney, the second charge is valid and will most probably be prosecuted.
Answered on Apr 07th, 2016 at 9:24 AM