Drug Defense Case Results
The client was stopped by police when riding a bike. Following the stop, police found a significant quantity of cocaine on the client and charged him with an A-1 Felony. As such, the client faced a Life Sentence. The predicate for the stop of the client was faulty, however, inasmuch as the police lacked probable cause. The case was dismissed and the client released.
Police assigned to the gambling and drug task force stopped my client while he was a passenger in a car that his nephew was driving. Upon stopping him, the police claimed that they saw Gambling Records in “plain view”. As such, they searched the car, looking for drugs and other incriminating evidence. The client also had $100,000.00 in cash, which they seized. Following a hearing, the case was dismissed as it was determined that the police had no basis to stop the car — much less conduct a search. The client also received his money back in full.
Police responded to the scene after receiving a 911 call of “shots fired.” Upon arriving at the location, they see my client standing next to a car. They ask him about the gun, and he reveals no information. Believing that he was the person who fired the gun, or that he might have other contraband on and around him, they search him. Thereafter, they search the car he was next to by popping the trunk. A gun is recovered and he is charged. Following a hearing, the recovery of the gun is thrown out because the Judge found the police had no basis in which to search his car without a warrant.
A State Trooper stopped my client who was speeding on a public roadway upstate. After he comes to a stop, the Trooper asks that he get out of the car and conducts a search. The client is in possession of multiple vials of cocaine. Officer arrests client, charging him with drug possession and reckless driving. Following trial, the client was found not guilty. I argued that the Client was in “transient possession” of the drugs. In short, he took the drugs from a friend who had a drug problem so as to protect his friend from harm. His intent was not to use or keep the drugs himself. The client underwent a toxicology test which demonstrated he had no drugs in the system nor was he a drug user. He was also acquitted of reckless driving.