Why did they drop my charges?

Asked about 1 year ago - Portland, OR

I recently got in trouble for DUI, reckless driving, and possession of 2CE. I went in for my court date and they told me that all of my charges had been dropped, with no reasoning behind it. I'm freaking out!

Attorney answers (6)

  1. Richard E Oberdorfer

    Pro

    Contributor Level 12

    10

    Lawyers agree

    Answered . I'd put money on #5 from Mr. Tullos, the DA is awaiting a lab result. But you should really go to a good DUII attorney's office for a conference. Most of us are suckers and don't charge for the initial consult. The lawyer can review your paperwork, his knowledge of the cop(s) involved, and share with you the most likely scenario of what's going on, and how you can prepare/defend/avoid it. You'll stress will decrease, a lot. Call a good DUII lawyer and set a conference now. The Internet (and you posting about your case on the Internet) is neither safe nor effective.

  2. Clayton Tullos

    Pro

    Contributor Level 8

    7

    Lawyers agree

    Answered . Whenever a police officer files citation for a crime a District Attorney must review the documentation (generally the police report) and s/he files the charges. Why the charges are dropped could be due to a variety of reasons:
    1. You are going to be charged with a felony and need to be indicted,
    2. The police officer messed up the stop.
    3. The police officer didn't submit his police report.
    4. The DA didn't agree with the police officer.
    5. The DA is awaiting lab results.
    6. etc

    If the case was dismissed |without| prejudice the case can be refiled and you will still face these charges, subject to certain conditions regarding length of time.

    This answer does not constitute an attorney client relationship. I am not your attorney.
  3. Thomas Ifversen

    Contributor Level 12

    5

    Lawyers agree

    Answered . 2C-E is a class 1 controlled substance. Possession is a felony. If the DA were to charge you with the misdemeanor DUII and reckless before they were able to present the felony charge to a grand jury, you could plead guilty to the misdemeanors and jeopardize (think "double jeopardy") the felony. The practice in Multnomah County is to no-complaint the companion misdemeanor charges (they are not dismissed... The State has 2 years to bring the charge) until they secure an indictment on the felony. Then they issue a warrant to get you in to court.

    You need to follow Mr. Oberdorfer's advice and speak with a good DUII lawyer. Someone needs to monitor the court so that once the warrant is issued, you can simply schedule an arraignment to lift the warrant instead of getting picked up and spending time in jail until they can get you in front of a judge. Most defense attorneys will speak with you over the phone for free. Please get in touch with a lawyer! I would be happy to speak with you privately, since there is no privilege on this forum.

  4. Christopher Irvin Simser

    Contributor Level 19

    5

    Lawyers agree

    Answered . That's the kind of good news any one of my clients would love to receive. Don't question your good fortune ... and congratulations.

  5. Alexander M. Ivakhnenko

    Contributor Level 20

    4

    Lawyers agree

    Answered . Be happy they did. Congratulations.

    DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general... more
  6. Sunil K Raju

    Contributor Level 6

    1

    Lawyer agrees

    Answered . As a former DA, I can tell you there are a number of reasons that your charges, including: there just isn't enough evidence, and the DA will not pursue it, period; or, there is not enough evidence right now, and the DA is expected to get more information before they decide whether or not to prosecute you.

    In your specific situation, it depends on the actual details of the case.

    So, you may still be charged down the road, depending on how things develop on the police and DA side. You should consider hiring an attorney to make sure you do not do anything to make things worse. An attorney can help you find out which situation you are in.

    ***This is NOT legal advice, please consult an attorney for an answer tailored to your situation.***

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