Can You Share Some Recent Case Studies of Drug Cases That You Have Handled?
I can give you an example. It’s a very common type of marijuana case. I had a client who was being charged with possession of marijuana and he was pulled over for a valid reason, speeding, and the police officer indicated that he smelled marijuana inside the car.
My client did the exact right thing and did what I recommend all my clients to do. He just remained silent. The police officer searched the car based on the odor of marijuana and he found marijuana inside the vehicle. He asked the driver of the vehicle, who was my client, if he knew anything about the marijuana. My client indicated that he respectfully did not want to answer the police officer’s questions and the police officer wrote him up for a possession of marijuana.
The reason why he did the right thing was because later on, when it came time for trial, the prosecutor tried to argue that because it was his vehicle and because the marijuana was found inside the vehicle that it can be presumed that it was his marijuana and he was in possession of marijuana. As I indicated, the law is very clear on this issue that just mere possession inside the vehicle that you were the owner or occupant of is not enough to prove that you’re in possession of it, and the court agreed.
The court found my client not guilty of the charge because they could not prove that he was in possession of the marijuana. It’s issues like that and having a knowledge of the law to know that just finding the marijuana inside the car is not enough goes a long way towards preparing the best possible defense for a person.
I’ll give you another example. I also recently had a trial for a person who was being charged with possession of marijuana; it was found inside the center console. However, this client did admit that the marijuana was his and when the officer smelled the marijuana, this person showed the cop exactly where it was in the car and said that it was his. Now, there was a good stop of the vehicle, there was a good search of the car, and he made statements. We had this client do community service prior to the court date and we also had him get a substance abuse evaluation.
When we went into court on his court date and we presented the homework assignments to the prosecutor, the prosecutor was very impressed with the work that he had done leading up to his court date and they agreed to dismiss the charge. Since there were no terms and conditions on the record for this client’s dismissal, he was eligible for an expungement so that his record would no longer even reflect the fact that he was charge.
Those are just two examples of how our office has been able to help people get their charges dismissed and also have our clients put in a position where they can have the charges expunged from their record later on.