Happened again, caught with weed…

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QUESTION:  

“What happens when you violate a conditional discharge in GA with the same offense marijuana less than an ounce.  I was pulled over for the factory mirror tint on my car and had marijuana less than an ounce.  I tried to eat it to get rid of it but had to spit it out I was charged with DUI marijuana for trying to eat it and less than an once I’m on a conditional discharge for less than an once now what will the judge most likely do?”

ANSWER:

Getting into trouble while you already have a pending legal case is not a good indicator to the Judges/court that you will not “re- offend.”  If you have violated the terms of your original conditional discharge agreement then the judge has many options as far as what he/she will do. Hiring legal counsel is the best option for you as you deal with the new case, as well as the consequences of violating the terms of the old case.  Simmons Law provides counsel in the areas of business, criminal defense, and entertainment law.  Contact an attorney that can help assess the facts and assist you through the process.

 

 

Dismissed or nah?????? What should I do about this old case?

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Question: Can I ask the judge to change an order of “dismissal without prejudice” to “dismissed with prejudice”?  I was falsely accused and plead not guilty to my misdemeanor charges. I and my lawyer were ready for trial, but the judge dismissed the case without prejudice for want to prosecution. My case is still within the statute of limitation. I don’t want this case to linger over my head, and if the prosecutor refile the charges it would unfair to me since it was very difficult to get my witness ready again for the 2nd time. My question is: can I or my lawyer ask the judge to change his order of “dismissal without prejudice” to “dismissed with prejudice”? If not, is there another way to prevent the prosecutor from refilling?

Answer: Based on the information you provided, yes, your lawyer can file a motion to change the order.  Other than filing the motion you could wait for the statute of limitations to run, it seems unlikely that the prosecutor will refile the charges if they are having difficulties “proving” that you committed a crime.