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Articles Posted in Criminal Procedure

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Defendant Appeals Sentence of Intent to Distribute Marijuana

The defendant is appealing the 97 month sentence that has been opposed upon him for his guilty plea to the charges of conspiracy to distribute and possess with the intent to distribute 100 kilograms or more of marijuana (marijuana possession). Case Background The defendant agreed that he participated in a…

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Court Determines Insufficient Evidence Against Defendant in Drug Possession Case

Case Background Local police officers executed a search warrant at a home and when they did they found the appellant along with two other young men inside the home. A New York Criminal Lawyer said the appellant was detained in the living room with the other two men while the…

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Defendant Requests Motion for Mistrial Based on Government Misconduct

The defendant is appealing his convictions for conspiracy to possess with intent to distribute marijuana and marijuana possession. The defendant argues that the evidence in the case is insufficient to support the charges against him and that the trial court made a mistake when they denied his motion for a…

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Court Sentences Defendant to Judicial Diversion Program

The defendant was charged with several counts of criminal possession of a forged instrument, grand larceny and scheme to defraud. The parties to the case put in issue the eligibility of the accused for judicial diversion. The defendant argued that he is entitled for the judicial diversion program since he…

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Defendant Charged with Aiding and Abetting Robbery

The accused man along with a co-accused was convicted of robbery in the first degree. He and his co-accused had been charged with aiding and abetting the actual perpetrator; and the sole evidence linking the accused to the robbery was his own admissions. The evidence was insufficient to establish the…

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Student Suspended for Marijuana Possession

Outside of the guidance counselor’s office at the high school, a student was found sleeping. His skin was gray and he appeared to be extremely sick. The student was transported to the hospital and it was determined that he had consumed marijuana while on his lunch break. The student claimed…

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Defendant Contends 6th Amendment Rights Were Violated

The appellants in this case were convicted of one count of possession of marijuana with the intent to sell. A New York Criminal Lawyer said the appellants argue that the Speedy Trial Act as well as the 6th amendment barred them from being prosecuted. The appellants also challenge the sufficiency…

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Defendant Charged with Possession of Drug Paraphernalia

This case deals with a juvenile who was charged with marijuana possession and possession of drug paraphernalia. An adjudicatory hearing was held and the court determined that the evidence was enough for the allegation of possessing drug paraphernalia, but dismissed the charge of possession of marijuana. The juvenile is appealing…

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Court Discusses Constructive Possession in Drug Case

The case before the court is one of appeal from a conviction of possessing more than five grams of marijuana. The appellant was charged with possessing more than five grams of marijuana (marijuana possession), possessing hashish, and possessing PCP. The appellant was acquitted for the possession of hashish and PCP…

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Defendant Contends Police Lacked Probable Cause in Drug Possession Case

Case Background The police responded to a citizen’s report that marijuana was being grown in an open field. When the police officer arrived at the area described he found between 40 and 50 marijuana plants growing about a hundred yards from a home that was occupied. A New York Criminal…

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