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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27051
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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My son was arrested for possession of cocaine in la porte texas.

Resolved Question:

My son was arrested for possession of cocaine in la porte texas. he was sitting outside his ex to pickup his possessions. she new a police officer and told him she would call him on his personal phone. My son said fine and he would wait for them. When he arrived ith a police dog, he asked if he could search the car. My son said no and the officer said he was searching anyway. within ten seconds he said he found cocaine and arrested him. After four weeks there was a hearing but the prosicusion said the testst werent back but it was less the one tenth a gram. My question is about his lawyer and how much time to test. It has been two months and no new hearing The lawyer wants to say domestic dispute and illegal search. I think he should tell how many people use that truck and that he has no idea where it came from. after all, he could have ditched it waiting for police and also asked for a blood test.
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 5 years ago.

Case strategy is always the lawyer's call. And while outsiders may think that they see something useful and not understand why the lawyer isn't paying much attention to it, there's usually a reason. You don't know all of the information the lawyer knows about the case, nor do you have any idea what long-term strategies he's got in his mind that he's hoping to be able to use.

Doesn't sound to me like there was a whole lot of time for him to have ditched that truck between his girlfriend's phone call and the arrival of the police, though depending upon where the drugs were found, if the case goes to trial, he can then possibly bring out how many others had access to the truck and could have left the cocaine in it. Also, a blood test would not negate the possession. It would only mean he hadn't recently used.

Your son's case might have a search and seizure issue, as even if the dog smelled out the cocaine, if the stuff was not in plain view, the officer should have gotten a warrant unless he believed he had a clear exception to the warrant requirement. To that effect, his lawyer is correct. There is a search issue here which needs to be inspected at a pre-trial suppression hearing down the road if this case is going to trial. The underlying domestic issue is potentially useful for trial too. If the ex-girlfriend called the police and your son waited for them to show up, perhaps it was the girlfriend who was able to plant the cocaine and set him up with the police. I don't see anything wrong at all with a strategy that would introduce that possibility to a jury. If you're correct that others could have planted drugs, why not her? She'd appear to have the best motive to want to frame him. It doesn't have to be true. It only has to be a possibility to create reasonable doubt in the minds of a jury.

Again, I'm just working on some very sketchy information that you provided me with. I don't know that if I were privy to all of the evidence his lawyer has that I'd be thinking in those directions. But based on the little I know, it would seem to me that your son's lawyer would appear to be on the right track. Remeber that it's the lawyer's job to get the jury to doubt the state's version of the case, because doubt equals an acquittal. Generally the lawyer will try to lay the grounds to show bring out as much doubt in the minds of the jury as the facts allow.

I think this may be what you wanted to know, but your actual question was not very specific. If you need to follow up, just use the reply link below and I'll be happy to add to my answer.

Customer: replied 5 years ago.
Imeant myson had time to ditch the coke, and how long must he wait for a drug test. he is a dr. waiting to be licenced and has waited i believe a very long timee for lab results
Expert:  Zoey_ JD replied 5 years ago.

Sorry for the delay. I got a phone call I had to take.

Yes, as he knew the police were coming, he had time to ditch the cocaine if he knew it was in the truck. That's a given, and I'm sure if he goes to trial on this case (which he will as a conviction can cost him his medical license) that this will come out. A sensible person would not have stood there with contraband on him.

Forensic laboratories are very busy places. The cases that have priority for the lab are the ones where the defendant is in jail. The failure to have the lab ready can lead to the inmate's release, When the defendant was released on his own recognizance or made bail quickly,the lab can take its sweet time.

The longer it takes for the prosecutor to come up with the lab, the better for the defense. Delay is always a defendant's friend. All the time that the state isn't really ready to go forward because of the missing lab will get held against the prosecution for speedy trial purposes. That probably doesn't make much sense to you, but basically, a defendant has a Constitutional right to a speedy trial. And if the case goes on and on because of the state's not being ready with some essential piece of the case, if enough time goes by the case can actually be thrown out.

So don't be in so much of a hurry here. A delay due to the lack of the lab is good news, each and every time.
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Expert:  Zoey_ JD replied 5 years ago.

I see that you felt that my service to you was poor. I answered your questions in timely fashion and my answers are correct. If there is something that I didn't deal with that you believe I should have added or something that I may have misunderstood from your question, please tell me what it is and I will be happy to elaborate on my answer.