Charged, yes. It will be the task of the defense attorney to oppose the charge based in the actual facts or the interpretation of the facts in the case.
Of course, every answer is based on the question asked and requires a more complete context. This answer should not be relied upon to make a legal decision. Seek the advice of an experienced criminal defense attorney before acting. Law Offices of Raymond G. Wigell, Ltd. Defenders of the Constitution since 1975/ Aggressive Creative Defense Strategies/ Website: www.waaltd.com 24/7 --(708) 481-4800.
The charging per se is possible yet, an effective defense argument to reduce the above to a lesser criminal offense should be done in court by an experienced criminal defense attorney.
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Being charged and being convicted are two different things. The police do not require state's attorney approval to file charges in drug cases. You will be entitled to both a preliminary hearing, and if there's a finding of probable cause, a trial by judge or jury. An experienced criminal defnese attorney will know how to handle the case with these facts. Most of us provide free consultations. www.galivanlaw.net