Victories

Dismissed – Possession of Cocaine and Conspiracy

We filed a Motion to Dismiss on behalf of a client who was charged with Possession of Cocaine and Conspiracy to Violate the Drug Laws. We argued that there was no probable cause contained in the police report to support criminal charges against our client. After a hearing with arguments from Attorney David Ellison and the Prosecutor, the judge allowed the Motion and dismissed the case.

The key issue at the hearing was that the government could not show that the defendant constructively possessed cocaine that was seized from a motor vehicle stop. The government had to show our client had knowledge of the cocaine plus the ability and the intent to exercise control over the cocaine. We argued that the defendant was merely present in the motor vehicle where drugs were found. In addition, we argued that the defendant had not made an agreement with anybody in the motor vehicle to possess the drugs.

The judge agreed with our position, the case law we cited and dismissed the case.

Practice area(s): Criminal Defense

David Ellison

Attorney David Ellison is the Founding Attorney of Ellison Law LLC.

Allyson Quay

Attorney Allyson Quay is an Associate Attorney for Ellison Law LLC.

Laurie Ellison

Laurie Ellison is the Operations Manager for Ellison Law LLC. She is a Certified Public Accountant.