Manufacture Delivery Controlled Substance

MDCS – Manufacture/Delivery of Controlled Substance [Heroin] PG I 4-200 Gms.
Case No. 1325980 – Danny S.

GRAND JURY NO BILL

Danny was an ex-con with a long criminal history accused of delivering heroin. He was in custody for several weeks on a zero bond which we fought before finally obtaining a $200,000 bond. His family was grateful to be able to bond him out since he had terminal liver cancer and was on the liver transplant list. We exploited his extreme disability and documented by extensive medical records and testimony that his days were too filled with cancer treatments to engage in illegal drug trafficking. We argued that Danny’s motivation was “strong as death” to not jeopardize the transplant he needed by risking incarceration but that even if he wanted to he couldn’t have stood up to the rigors of such a lifestyle. We backed up this defensive theory using banking and other incontrovertible proof of his affluent financial situation making it further not credible that he would resort to drug trafficking. (He was so weak we had to obtain a Court Order for the jail to see to his medical needs.) Next we attacked the alleged delivery. We carefully reconstructed for the Grand Jury the setup the co-defendant employed to “use” Danny, entirely unaware of it, to make it appear to the buyer [undercover narcotics officer] he was purchasing from Danny the exact quantity of heroin he was then going to turn around and sell to the buyer/undercover. Danny thought he went to the scene to transact the sale of a car and that the money the co-defendant gave him was the deposit on that sale. (We carefully documented this as having been the plan and the car’s actually being for sale.) The co-defendant had more heroin in his possession than he was planning on selling to the buyer. But he was afraid of being robbed of his surplus and so staged the “delivery” by Danny in clever words with double meanings, as we showed, allowing two entirely different interpretations. An Affidavit we obtained from the co-defendant while in jail after having pleaded confirmed certain elements of his setup including the cash transaction for the sale of Danny’s SUV. We also argued the improbabilities of the situation– the big dealer [allegedly Danny] rarely shows up at a street transaction, and the two defendants had been separated from the moment of their arrest with no time to “get a story together”. Although Danny had not been charged with Possession but only Delivery we also argued as a point in his favor that at no time was he observed by the undercover with any narcotics in his possession. This case was long on extenuating circumstances and short on hard evidence all of which we exploited and argued to the full for a Grand Jury No Bill and a new lease on life for Danny.

PCS AND MOTION TO ADJUDICATE GUILT ON FELONY PROBATION FOR DELIVERY OF A CONTROLLED SUBSTANCE
Case No. 1219260 and 915188 – William B.

BOTH CASES DISMISSED

William was charged with possession of pills while on felony probation for a prior delivery of a controlled substance case. Mr. Haggard was able to get the PCS case dismissed and then to have the Motion to Adjudicate Guilt dismissed thus saving his prior probation and preventing a new PCS charge from being on his record.

DELIVERY OF A CONTROLLED SUBSTANCE
Case No. 873242 – Kyle M.v

DISMISSED