Will charges stick on a drug charge if evidence was lost

My son was arrested for selling 2 pills
to a person with a uc officer in the
car. The video was lost and the person
is not willing to testify in court. The
uc will. Come he beat the charge by
going to trial or should he take a plea
agreement?

Asked on October 9, 2017 under Criminal Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If the officer will testify that he saw the drug transaction and that, based on his experience and training as a law enforcement officer, he was confident that is was an illegal drug transaction, your son could still be convicted. The state's case is weaker without the video or other testimony, but a believable/credible officer's testimony is still enough for the prosecution to win. We cannot advise as to whether he should or should not take a plea deal--for that, he needs to actually retain his own attorney to advise him. All we can do is advise that he could be convicted based on what you write.


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