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


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.

Caught with XANAX, HELP???


Question: If I have a prescription for 1 mg Xanax but have 2 mg Xanax in the bottle, can I be charged with possession?  The pills were in my girlfriend’s prescription bottle. The cop threatened her to search by telling her that he was going to have DFACS take her kids if she didn’t let him.

Answer:  When the officer threatened your girlfriend to consent to search, he may have conducted an unreasonable search under the Fourth Amendment. The police officer has discretion over what they will charge you with depending on the circumstances.  You and/or your girlfriend may be charged with illegal possession of xanax under O.C.G.A. § 16-13-30. Possession can be actual or constructive. Therefore, actual possession means you have physical control of the xanax.  Constructive possession means you have exercised control of the xanax based on the presented facts.  If you are charged with a crime it would be beneficial to seek legal counsel.