No, you cannot get it dropped but you may be able to get the severity of the charge reduced. There needs to be an official measurement so the "1000 feet " issue, in due time, will be a black and white issue. If the measurement is less than 1000 feet then, the sale, nonetheless , is still an alleged violation of the law but with less serious repercussions. If the measurement is, in fact, less than a 1000 feet, that miscalculation will add legal persuasive leverage to your finance since that affects the police's credibility.

I'm sorry to hear your fiancée was accused. How the prosecution proceeds depends on many factors. If she has little or no prior criminal or drug history, the prosecution often charges the 1000' enhancement as a bargaining chip in plea negotiations. Of course, if there are defenses and the case goes to trial, that 1000' would become a fact for the jury to decide once testimony was introduced about measurement, church status, statutory interpretation, case law, etc. Clearly, she requires an attorney to evaluate the whole case, all the facts from both sides, present options, and then to offer advice on how to proceed. So, yes it's possible to get the enhancement removed, but it depends on how you go about trying to get that done and how that method impacts your fiancée's future. See an experienced criminal defense attorney before you decide. Good luck.

It is difficult to gauge whether or not the charges can be completely dropped. But, there are always negotiations with the State Attorney. These negotiations are best done with the assistance of a local attorney of your choosing. It is possible to possibly please to a lesser charge. This is for informational purposes only and should not be construed as all inclusive, nor should it be construed as creating an attorney client relationship.

Dear Feeling Charges: Getting charges dropped for a 1st degree felony is not an easy task. In order know all the best options to resolve the case, an experienced criminal defense attorney would likely need to review all material, conduct depositions, and possibly litigate discovery issues with the court. These case often involve complex issues relating to the use of confidential informants who may or may not be disclosed by the state, issues relating to obtaining warrants for search, statements made with or without miranda warning, etc. I suggest you schedule one or more consultations with a criminal defense lawyer and retain one to start working the case.

It is certainly possible to get the charge amended depending on the specifics of the evidence. There is a general misconception as to how to measure the 1000 foot distance which creates a good amount of confusion in the public. The measurement is to the property line of the church property, not to the entrance of the church building. If the distance to the property line is greater than 1000 feet, then that fact can be used by the defense in a motion to dismiss or in other beneficial ways: if the distance is barely 1000 feet, then it can be a factor in negotiation between the defense attorney and the state attorney in an attempt to negotiate a disposition beneficial to the state and to the defendant. Good luck with the case! Jimmy Brown, Esq. Brooksville, Florida

The state might be willing to drop that particular aspect of the charges. How did you measure this? The best thing to do is to of course have a full discussion with a local private criminal defense attorney.