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Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 23549
Experience:  Active member of the NYS bar since 1989
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If 2 cases r dismissed and there is athtid case were a

Customer Question

if 2 cases r dismissed and there is athtid case were a wrtent wads served and the det confiscate legal precribe med and they did not even get all so the count would be incorrect.and there is proof of that.Shouldnt this case be dismiss .1'the bases of warrant comes from the dismiss case 2The medicine was leagally there .No meds were sold out if that residents
JA: Since laws vary from place to place, what state is this in? And when was the warrant issued?
Customer: this is kansa june 15 The casesAtr dismissed except for the wattant to search house
JA: Has anything been filed or reported?
Customer: no the cases were dismissed wothout prejudice
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 1 month ago.
Category: Legal
Expert:  Zoey, JD replied 1 month ago.

Hi,

I'm Zoey and I'll be assisting you. I'm reviewing your question now.

Why were the first two cases dismissed?

Customer: replied 1 month ago.
I'm not sure I came yo court and wad told they were dis missed without prejudice
Expert:  Zoey, JD replied 1 month ago.

If they were dismissed without prejudice, that means that the state has permission to refile the case if they wish to. So the evidence they already have could be used as the basis for the search warrant.

When you fight your case, however, your lawyer will be able to get a hearing to challenge the legality of the search. And if it turns out that your Constitutional rights were violated, then anything recovered in that search cannot be used as evidence in your trial. Also, however, if the drugs you had in your house were there because you have a lawful prescription for them, possession of those drugs are legal.

Customer: replied 1 month ago.
They came in my home took my meds but left meds I have proof pictures and went to police station and showed them. The warray was based o ci who was under pressure to set someone up for help on cases they had. The person was a caretaker for me and had access yo my things. Mind you all my meds were accounted for at time of warrant. I thought with prejudice. They could recall case without could not. ICan put money on my card tomorrow if that's why we can't speak
Expert:  Zoey, JD replied 1 month ago.

Apparently there was a problem with the payment for the phone call. Customer service will probably contact you and sort that out. I cannot call you until the site okays it.

As to dismissals, it's the other way around. If the case is dismissed with prejudice, they are not allowed to refile charges. If the case is dismissed without prejudice, that means they can refile charges.

You should not be taking your evidence to the police. They are not your friends after they charge you. They can't dismiss your case. It doesn't belong to them. It has gone to the prosecutor.

You want to save your proof and show it to your lawyer. He will know what to do with that and when it will be most effective.

Customer: replied 1 month ago.
Y would the state dismiss the first cases and proceed with the warrant case and my meds were legal and non were missing
Expert:  Zoey, JD replied 1 month ago.

I don't know why they would dismiss and couldn't possibly be able to tell you unless I could see the court papers and confer with the prosecuting attorney, which of course I can't. There are bunches of reasons that a prosecutor can dismiss a case -- a missing witness, a problem with the lab test or the evidence, just to name two. It doesn't mean they don't think you committed the crime. It means that for one reason or another they don't think they can prove it beyond a reasonable doubt.

This one they think they can prove, I guess. If you sell your legitimately prescribed drugs, then that would still be illegal. Though you say none were missing, they are entitled to try to prove otherwise if they think they can.

Expert:  Zoey, JD replied 1 month ago.

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.

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