Can I get my charges dropped

Yes I am currently on probation for
possession of meth and my arresting
officer was fired for misconduct I was
wondering if I could get my charges

Asked on November 22, 2018 under Criminal Law, South Carolina


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

The officer's firing or misconduct would only necessarily result in your charges being dropped in two situations. First, if his misconduct involved something related to your case--like how he handled evidence. If it did, while you (or your attorney) would have to make a motion (a formal request to the court) for the charges to be dropped, if the officer's misconduct affect the trusthworthiness or reliability of the case against you, such motion would be likely to be granted.
Second, if there are not other witnesses to your possession of the meth other than this officer, and you did not confess, then if the officer, being fired, does not appear for court, your case would bve dismissed because the state would be unable to prove its case without its only witness.

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