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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 26776
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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My son was charged with possion of cocaine but it was meth

Customer Question

my son was charged with possion of cocaine but it was meth when it comes back from the lab can he be charged for possion of meth or is it double jepordy
Submitted: 2 years ago.
Category: Criminal Law
Customer: replied 2 years ago.
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Expert:  Zoey_ JD replied 2 years ago.
My name is ***** ***** I am an experienced criminal lawyer.
Double jeopardy says you cannot be tried twice for the same crime. As your son has not yet had his trial, double jeopardy doesn't apply. In any case, possession of cocaine and possession of meth are not the same crimes.
When the lab report comes back if the substance is meth and not cocaine, the state will dismiss the cocaine charges and add the possession of meth charges and the case will go forward.

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