No one can say without knowing the facts. The prior history with the same cops may be helpful. I'm dealing with a similar situation. He or she should hire a good criminal defense lawyer.
I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.
Only your attorney with a full understanding of the facts and circumstances could advise you of this. And I don't suggest posting any specific facts. Police probably troll this site to learn the law as well and may recognize your case.
If you found this "helpful" or "best answer," please click it with my appreciation. My response is for educational purposes and does not constitute legal advice nor creates an attorney client relationship which requires all the details and a personal conference.
You need to speak with an attorney who can review your facts.
Responses on AVVO do not establish an attorney-client relationship. All responses to questions should be used for informational purposes only. Always consult personally with an attorney prior to initiating or responding to any legal action.
You need to sit down with a criminal defense attorney and discuss the case. It would be helpful to have a copy of the criminal court complaint and any other documents to review
The advice I have given does not bind the parties in any manner and is merely given as a courtesy.
Beating the charge means getting the charges dismissed or winning at trial. Without basic facts, there is no way of answering. Most cases of this nature live or die by the circumstances surrounding the arrest and or seizure of the drugs. If they were siezed without Constitutional protections, the evidence can be suppressed and the case dismissed. You need an attorney with experience to develop the facts in your favor and find the key. If you wish further information, contact me.
No one can answer this without more facts about what happened and what kind of proof the DA has. If you don't have a competent attorney you need to get one pronto.
For more information visit www.reibsteinlaw.com. Please note that unless a formal letter of engagement or retainer agreement has been entered into by and between the reader and the attorney this answer shall not be construed as official legal advice on any specific facts or circumstances. Its contents are intended for general information purposes only. No attorney-client relationship has been created.
You should not post any more details about your case and should schedule a consultation with a criminal defense attorney immediately. The strength of your negotiating position and the likelihood of succeeding at trial depends on the circumstances surrounding your case and your prior history with these officers.
For more information visit www.richardsonlegalpllc.com. Please note that unless a formal letter of engagement or retainer agreement has been entered into by and between the reader and the attorney this answer shall not be construed as official legal advice on any specific facts or circumstances. Its contents are intended for general information purposes only. No attorney-client relationship has been created.