How hard is it to get a crime lowered to a lesser charge?

[jaydubjr]

So today I got a letter from my baby saying that when he went to the board they told him they would do a rehearing 30 days! The reason for this being the DA didn't have enough to charge him! He feels they won't file the charges, but if they do the parole board attorney said to get his third degree felony reduced to a class A misdemeanor and he will still get him out early! My question is how hard is it to make it a lesser charge? He will have a public defender if that matters...

[fbopnomore]

It's completely up to the prosecutor. If he can't charge him with the felony, his choices are to either charge a lesser offense, or drop the case entirely. I hope it works out well for him and he comes home soon.

[yourself]

Originally Posted by fbopnomore

It's completely up to the prosecutor. If he can't charge him with the felony, his choices are to either charge a lesser offense, or drop the case entirely. I hope it works out well for him and he comes home soon.

... or take it to trial and hope that he picks the best jury possible for a guilty verdict on the original charge....

Generally, though, the weaker the case, the more apt they are to go lower.

[jaydubjr]

I don't see them charging him, they don't have muchagainst obviously. But you never know with the court system.

[KamisSister]

Here if the victim raises a lot of heck or is a very important person you can bet on charges whether or not they have a case. At least that way they can blame it on a jury or judge. And there is always the chance they will get lucky with the jury. The DA is an elected official, there is no penalty if they lose a lot of trials here, if they lose the majority of the voters blame the jury. The bigger fear they have is in looking soft on crime.

[jaydubjr]

It was just possesion of controlled substance so there were no victims and he never was in actual possession.

[xlabel]

Does Utah have "constructive" possession though? FL does and they don't have to find on your person or in your car or home...just prove you had control over it. if they didn't take any controlled substance into evidence , I'd be tempted to fight it.