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