In November 2009 our firm was retained to represent an individual charged with Possession of Marijuana in Warren, MI.
The police stopped the vehicle that our client was riding in because the vehicle had been reported stolen. Upon being pulled over, our client and the other individual in the car (the driver), explained to the police (1) that the vehicle was not stolen; (2) that he (our client) and his mother were the rightful owners of the vehicle; (3) that the driver of the vehicle was borrowing the car; and (4) that the driver’s girlfriend had wrongly reported it stolen.
The police, despite learning the truth – arrested both our client and the driver of the vehicle. Subsequent to the arrest, the police searched the vehicle and found .1 grams of marijuana on the floorboard of the passenger side. This is an extremely minuscule amount of marijuana.
The next day, the police learned that our client was indeed telling the truth about the vehicle and dropped any notion of charging him with stealing the vehicle. However, the police and prosecutor’s office, not wanting to be left empty-handed, charged our client with possession of that marijuana (and subsequently let the driver of the vehicle go free-and-clear).
They charged him despite the fact that:
- Our client had been out of possession of the vehicle for weeks;
- The marijuana could just as easily have belonged to the driver (who was borrowing the car);
- Our client never tested positive for marijuana; and
- There was absolutely NO proof linking him to that marijuana.
Essentially, they charged our client under the theory that SOMEONE must have possessed that marijuana, so why not him?
It took us 13 months, several adjournments, a couple of motions, a lengthy evidentiary hearing, detailed cross-examination of the police officers, and multiple trial dates, to eventually get to the point that we reached this morning – a COMPLETE DISMISSAL OF THE CASE – before trial!
Neil Rockind, P.C. achieves justice yet again!
Neil Rockind, P.C. is extremely experienced in handling all types of drug cases. If you or a loved one is faced with any kind of drug charge, or an investigation by any policing agency regarding such a charge, please contact Neil Rockind, P.C. at firstname.lastname@example.org or call our office directly at 248-208-3800 to schedule a free consultation!