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My classmate was charged with possession of weed, said the charges were dropped bc they lost his file. Does this really happen?

San Jose, CA |

He was not a juvenile anymore.
And I also heard from my pastor that a guy he mentored was also exonerated for having a large quantity (brick size) of methamphetamines. He also had his charges dropped after they lost his file.Lol
I am wondering if this really happens, sounds like lack of organization by the DA's office is letting too many drug dealer/users off the hook.

Ps: I kinda hate my classmate, he is a d-bag, he got expelled from school but somehow ended up in SJ state. he tried to steal my brother's GF

Attorney Answers 4

Posted

Weird things like that can happen, but it's a very rare occurrence.

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Posted

What business is this of yours? Why are you actively attempting to determine what happened to a classmate of yours who you characterize as a "d-bag"? It's unwise to base your judgements on what you've heard or innuendo and rumor. It's doubtful the case was dropped because the DA lost his file. There are numerous reasons a case is dropped, chief among these is that there is insufficient evidence to prove that the accused did the crime. Persons are presumed innocent until proven guilty beyond a reasonable doubt. This is a principle that protects you as much as anyone in this country. Anyone can be falsely accused of criminality, many rot in prison having been wrongfully convicted. Good luck.

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Posted

I really could care less about my Dbag classmate. I am more curious about the guy that had the brick of meth. He never pled guilty. My pastor claims he had a 'conversion' in his cellmate. Prayed everyday the rosary. Whatever the case may be, my question is, in your experience, have you ever had a case dropped because the DA's office lost/contaminated a file/piece of evidence? As I am aware, not too long ago a crime-lab in SF was shut down because a technician was suspected of stealing drug evidence. And I think a lot of cases were dismissed by the DA.

Vijay Dinakar

Vijay Dinakar

Posted

There's all kind of reasons a case is dropped. Lost/contaminated evidence is unlikely given that it was a "brick of meth". If the brick is the size I'm thinking of, I regard it as a greater chance that the person released became a snitch. However the possibilities are endless but it's all supposition, one could look at the transcript of the last hearing to possibly determine but even that may not be definitive. What is beyond impossible is that this brick possessing defendant's fate had anything to with a rosary induced conversion, notwithstanding your pastor's supposition.

Posted

I agree with Mr. Dinakar. It is not wise to listen to rumors, speculation, or second-hand (or worse) information. There are many innocent people languishing in prison because others did not follow this advice. You would be wise not to try to add this guy to those ranks, even if you consider him a "D-bag."

The response above is not intended as legal advice. This response does not create an attorney-client relationship. Legal questions can only be fully answered through consultation with an attorney to whom you give full and accurate details. Anything you post here is not confidential and is not protected by the attorney-client relationship. It is highly recommended that you seek advice from a criminal defense attorney licensed in your jurisdiction by setting up a confidential meeting.

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Posted

Can you post a picture of your brother's gf?

My name is Stephen R. Cohen and I have practiced over 38 years and can be reached at 213-819-1171. I practiced mainly in Los Angeles and Orange County, California. I am not seeking clients from existing relationships with other attorneys, and give only limited advise over the phone (the phone is primarily used to set appointments), these services do not create an attorney client relationship. I apologize for mispelling< as I am a lousy typist, My answers may offend as I do not believe in pulling punches or sugar coating the truth. Further regarding courts in other states my opinions are largely based on logic and what I think is the modern trend which is to consider the needs of the child.

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