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Case 3: Trafficking Ecstasy PDF Print E-mail
My client was pulled over for a minor traffic violation during his trip back from Atlanta. As he was speaking with officers at the back of his vehicle, his passenger was asked to exit the vehicle as well. At that point, officers saw something in the passenger’s socks and officers asked him to remove his shoes. Inside his shoe was a big bag of pills, which officers believed was ecstasy. My client was charged with trafficking ecstasy because he was the driver of the vehicle.

I quickly filed or a preliminary hearing where I crossed the officer extensively hoping to pin him down to answers to be used later at trial. The officer admitted my client didn’t seem to be nervous, was cooperative and didn’t run when he had an opportunity to as they were chasing the passenger. After a lengthy argument with the magistrate judge that there was nothing linking my client to the drugs, the charges were still bound over. As we prepared for trial, the drug lab came back as negative on ecstasy. The state still wanted to give my client a felony for possessing counterfeit drugs. After an informal hearing with the judge, the prosecutor agreed to give my client a misdemeanor under the rule of lenity and released my client from time served. He had been looking at a mandatory minimum of ten years.
 
Case 3: Trafficking Ecstasy PDF Print E-mail
My client was pulled over for a minor traffic violation during his trip back from Atlanta. As he was speaking with officers at the back of his vehicle, his passenger was asked to exit the vehicle as well. At that point, officers saw something in the passenger’s socks and officers asked him to remove his shoes. Inside his shoe was a big bag of pills, which officers believed was ecstasy. My client was charged with trafficking ecstasy because he was the driver of the vehicle.

I quickly filed or a preliminary hearing where I crossed the officer extensively hoping to pin him down to answers to be used later at trial. The officer admitted my client didn’t seem to be nervous, was cooperative and didn’t run when he had an opportunity to as they were chasing the passenger. After a lengthy argument with the magistrate judge that there was nothing linking my client to the drugs, the charges were still bound over. As we prepared for trial, the drug lab came back as negative on ecstasy. The state still wanted to give my client a felony for possessing counterfeit drugs. After an informal hearing with the judge, the prosecutor agreed to give my client a misdemeanor under the rule of lenity and released my client from time served. He had been looking at a mandatory minimum of ten years.