Drug Possession Case Results in San Antonio, TX

Charge

Possession of Marijuana

Location

Comal County, JP4

Allegations

During a traffic stop for tinted windows, our client was a passenger when the driver consented to a vehicle search. Officers located a small amount of marijuana and charged the passenger, who had no prior record, after an on-scene admission. We dug into the basis for the stop, the scope of the consent as it applied to a passenger, and how the statement was obtained. We outlined the suppression issues and the weak nexus tying possession to our client beyond the admission. After sustained pressure in negotiations, the prosecution dismissed the case.

Charge

POCS felony

Allegations

The client was arrested after being stopped for a headlight issue. Marijuana and a THC pen were found. The client was charged with possession of a controlled substance. The client had no prior convictions.

Charge

Possession of a Controlled Substance (Felony)

Location

Bexar County, Criminal, District Court

Allegations

Police contacted our client after an alleged roadway incident and reported finding a small amount of cocaine during the arrest. We obtained the reports and video and compared the officer’s account to the physical evidence, noting the collision narrative did not match the vehicle’s condition. We pressed the state on the basis for the detention, the scope of the search, and the handling and testing of the substance. After highlighting these problems and preparing to litigate suppression issues, the prosecution dismissed the case.

Charge

Possession of a Controlled Substance (Felony)

Location

Comal County, DC207

Allegations

Police responded to a minor parking lot collision and later questioned our client when he returned to the area. During the encounter, officers reported finding a small baggie suspected to be cocaine, under one gram, and filed a felony possession case. We obtained the discovery and pinpointed problems with how the item was discovered and tied to our client, as well as gaps in evidence handling and lab proof. We pressed those issues with the prosecutor and prepared to litigate suppression. The state dismissed the case.

Charge

Possession of a Controlled Substance (Felony)

Location

Bexar County, None

Allegations

Police reported finding suspected narcotics following a detention that escalated into a search. We dug into the police reports and case evidence, reconstructed the timeline, and flagged weaknesses in the stated basis for the search and in how the substance was handled. We prepared a motion to suppress and set it for a hearing. After we laid out these problems and signaled we were ready to litigate, the prosecution dismissed the case.

Charge

Manufacture or Delivery of a Controlled Substance

Location

Bexar County, None

Allegations

Police reported finding narcotics and alleged our client intended to deliver. We obtained reports, video, and lab documents and focused on how the substances were discovered. The search sprang from a tenuous basis, and key steps in establishing probable cause and tying the items to our client did not hold up. We pressed the prosecutor with these evidentiary problems and signaled we were ready to litigate a suppression issue. After reviewing our challenges, the state dismissed the case.

Charge

Possession of a Controlled Substance (Felony)

Location

Bexar County, 144th DC

Allegations

During a traffic stop for speeding, an officer claimed to smell marijuana and searched the vehicle, locating a small amount of marijuana and about two grams of cocaine in the center console. We scrutinized the basis for the stop and the justification for the search, highlighting weaknesses in the officer's account and the handling of the evidence. We assembled these issues for the prosecutor and pressed for relief. The state agreed to place our client into a pretrial diversion track. After the required orientation, the prosecution dismissed the case.

Charge

Possession of a Controlled Substance (Misdemeanor)

Location

Bexar County, Criminal, District Court

Allegations

During a traffic stop, officers searched a vehicle and reported finding an empty baggie with suspected cocaine residue. We obtained the police reports and evidence documentation, then focused on the legality of the search and the state’s ability to prove knowing possession from residue alone. We pressed the weaknesses in proof, chain of custody, and who actually possessed the item. After sustained negotiations and readiness to litigate the search issues, the state dismissed the case.