My client, Mr. Rodriguez, was observed by police handing an individual a small package which was suspected of being heroin. This individual was later apprehended by the police and allegedly swallowed the contents of the package before the police could seize it. Subsequently, Mr. Rodriguez was observed by police getting into a vehicle in Worcester, Massachusetts after speaking briefly with the driver. The driver then dropped Mr. Rodriguez off just a few blocks away from the original location where he was picked up. Under surveillance, the driver of that vehicle was eventually pulled over by the Worcester police and his vehicle was searched under the suspicion of drug possession. A package of heroin was found in the center console of the vehicle and the driver was arrested. The police then apprehended Mr. Rodriguez under the suspicion of drug possession with the intent to sell heroin. Mr. Rodriguez had prior robbery, assault and drug charges on his record for which he had served time. If found in the possession of heroin, the jail sentence Mr. Rodriguez could have received was up to 2/1/2 years in jail or a fine ranging from $1,000-$10,000.
The police searched Mr. Rodriguez and only found two cell phones and money. No heroin was found on his body or in his possession. Nevertheless, he was then arrested and charged with Distribution of Heroin.
I was retained by Mr. Rodriguez as his criminal defense lawyer. Upon review of the police report and obtaining the facts of the event, I prepared and submitted to the Worcester District Court a Motion to Dismiss the case based on a lack of evidence and specifically the fact that no heroin was found in Mr. Rodriguez’s possession by police. The court allowed the Motion and the case was dismissed immediately along with all pending criminal charges against Mr. Rodriguez.