Two Charges of Unlawful Drug Possession, BOTH CHARGES NOT GUILTY

November 18th 2011
Possession of Class “A” Heroin Chapter 94C Section 34
Possession of Class “B” Subsequent Offense Chapter 94C Section 34
Client was a known drug user who was seen by police in a high crime area. Their instincts were that he was about to inject heroin or another drug. They approached client and saw a syringe in his hand, and nearby a spoon and a bottle cap filled with water. All these items were consistent with illicit drug use. When police searched client's vehicle they found two “twists” which were consistent with: 1) Cocaine; and 2) Heroin --based on the appearance and packaging of the items. Since client had been charged with Class B Possession earlier in his life, this charge was a subsequent offense---a greater penalty. However, no penalties were imposed since---the client was found not guilty of both charges after trial.