Indictment for Felony Possession of Fentanyl Dismissed due to Prosecutorial Misconduct

Client was charged with felony possession of a contolled substance in a rural  Missouri County. Client was a prior and persistent drug offender and faced enhanced penalties. The state offered 10 years in prison. Becauase the offer was absurd, we set the case for trial. Three weeks before trial, the state indicted the defendant on an identical charge to avoid going to trial on the date the judge had set, and the pre-existing case was dismissed. We argued that the state had exceeded its permissable authority to indict on a charge that was already pending and had abused its power. The judge agreed and ordered the case dismissed