Case Results » Possession of Drug Paraphernalia with Intent to Sell

  • Attorney McCarthy Secures Dismissal Of A Felony Charge Of Possession Of A Controlled Substance With Intent To Distribute And Conspiracy To Violate Drug Laws

    The police report alleged that a police officer observed a car with a cracked windshield which prompted him to pull the car over. The driver produced his license and registration. In the report, the officer claimed that the driver appeared nervous and therefore, he called for back up and a drug sniffing dog. When back up arrived the officer searched the vehicle and found what he believed was a controlled substance in separate plastic baggies and money in a "hidden compartment" near the radio. The driver was arrested. The driver told the officer that the car was his girlfriend's car. The girlfriend was summonsed into the court and charged with the above offenses.

    The girlfriend promptly retained Attorney McCarthy to represent her. Attorney McCarthy moved to have the case dismissed because there was no probable cause to charge her with any crime. The client was not at the scene and there was NO evidence when the alleged contraband was placed in the car. McCarthy also filed a motion to suppress all evidence alleging that the client's state and federal constitutional rights were violated by the illegal stop and search of the car.

    After hearing Attorney McCarthy on the motion to dismiss the judged ALLOWED the motion and the case was dismissed.

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  • Felony Charge Of Possession Of Marijuana With Intent To Distribute Dismissed Against College Student

    The police pulled over a car that they claimed was traveling at a "high rate of speed" through a red traffic light Upon pulling the car over, the police officer smelled an "odor of burnt marijuana." The officer requested the driver's license and registration and claimed that he saw a large wad of cash and green leafy substance he believed was marijuana in a bag the driver retrieved his license from. Based on this observation the officer searched the bag and the car and discovered a large gallon zip lock bag with twenty-one individually wrapped aluminum bricks, a scale for weighing marijuana, throwing knives and a prescription container with 6 white oval pills and another bag containing a green leafy substance.

    The driver was charged with possession of marijuana with intent to distribute, possession of a dangerous weapon (throwing knives) and possession of a controlled substance. Attorney McCarthy filed a motion to suppress the evidence and the stop and a motion to dismiss the count of possession of a dangerous weapon. After reviewing the motion the District Attorney's Office agreed to dismiss the felony charges of possession of marijuana with intent to distribute and possession of a dangerous weapon. The one count of possession of a controlled substance was continued and will be dismissed provided the defendant does not get rearrested.