What happens when you are accused of three felony charges with only one to be true and correct? 9 Answers as of March 12, 2012

What happens? You get prosecuted on whatever charges the DA thinks he can win. Your opinion is irrelevant to the DA. You'll learn the actual charge[s] and enhancements filed and get copies of all the police reports and test results when appearing for arraignment at the first court hearing. The prosecutors can amend at any time they believe they can prove additional or different charges. The charges determine how much time and fines could potentially be imposed if convicted. When threatened, arrested or charged with any crime, what can you do? Hire an attorney, unless you know how to effectively represent yourself in court against a professional prosecutor intending to convict. No amount of free 'tips and hints' from here or anywhere else are going to effectively help you in your defense, other than the advice [if not already too late] to exercise the 5th Amendment RIGHT to SHUT UP and do NOT talk to police or ANYONE about the details of the case except through an attorney. That includes on this or any other web site or public forum. Most police and prosecutors will happily tell you that 95% of people convict themselves by trying to be 'helpful and cooperative', either during initial contact, questioning, interview or interrogation. Of course you can fight the charges. When arrested or charged with any crime, the proper questions are, can any evidence obtained in a test, search or confession be used against you, can you be convicted, and what can you do? Raise all appropriate defenses with whatever witnesses, evidence and sympathies are available for legal arguments, for evidence suppression or other motions, or for trial. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney that does, who will try to get a dismissal, diversion program, reduction, or other decent outcome through plea bargain, or take it to trial if appropriate.

Some of the charges will likely drop off in negotiations as an inducement to plead to the charges he did commit. This is a very sad situation. Obviously he needs to stop taking drugs because it is hurting everyone around him.

Person needs an attorney. One can be charged with transport for being on a bicycle or just carrying it. Transport has been legally defined as moving something. Keep in mind that you may be charged with anything. The state has to prove it.

You have the right to a preliminary hearing to determine if there is enough evidence to bind you over on the charges.

Being on felony probation allows the cops to search without a warrant, which is apparently what they did. They must think he's still involved in drug sales/distribution or they wouldn't keep doing this. If they continue to come up with nothing perhaps they will get the picture and look elsewhere. The sales/transportation/possession charges go hand in hand - they are usually what we call lesser included or related offenses to each other. All he needed to have on him at the time was a "useable" amount. Even this amount, which isn't very much at all, is enough to violate his probation. So, he could be convicted of at least the possession charge (assuming he was in possession of a useable amount), and a violation of probation. He really needs to seek the advice of a good criminal defense attorney. He needs to make better choices.

These are very serious charges. You need to hire an attorney to fight them. The sales and transportation charges can be fought. Many attorneys, like myself, offer free consultations. Go and speak to a couple about your options. And don't wait, cause he is facing serious prison time if convicted of the transportation and sales charges.

When a person is charged by the police the case is sent to the prosecution office to review. If the prosecution office feels that they have enough evidence from reading the police report they will charge the person with violation of the code sections that the police report support. The violations that the police put on the report or citation are not always the ones that are filed by the prosecution with the court. It is typical for the police and/or the prosecutors to file more violations and/or more serious violations than can be upheld. One reason they do this is to dismiss or reduce the charges for a plea bargain. What needs to happen here is for the person arrested to obtain an attorney as soon as he can. He also needs to not talk to ANYONE about this case or what happen during the incident without his attorney's approval or his attorney being present. When his attorney reviews the evidence he will be able to advise the defendant on the serous of the charges and what would be the best way to proceed.

They will most likely let him plead to the simple possession and drop the other two charges BUT they will also revoke his probation.

In your world, only one of the three charges are true. But in the prosecutor or probation officer's world, all three are true. Which world do you think counts? Better contact a lawyer before the case goes even more south.