Marijuana

Published on: March 28, 2013

Defendants Contend they Were Never in Possession of Drugs

by Stephen Bilkis

This is a joint appeal case by two defendants for their respective adjudications and sentences that were imposed when a jury found them guilty of unlawful possession of marijuana. The defendants concede that the evidence shows that they attempted possession, but they argue on appeal that they never had actual or constructive possession of the marijuana and because of this their convictions should be reduced from a third degree felony charge to a first degree misdemeanor charge.

Case Background

This was a reverse sting operation where the defendants along with eight other codefendants came up as potential buyers for marijuana that was offered for sale by an undercover police officer that posed as drug sellers.

Published on: March 27, 2013

Technically, Defendant was Arrested Before Illegal Sale of Marijuana

by Stephen Bilkis

This is a direct criminal appeal from the defendant who is seeking a review of his convictions for purchase of marijuana or possession of marijuana with the intent to purchase it and for attempted possession of more than 20 grams of marijuana. There are four issues in the case being raised by the appellant.

The first issue that the appellant raises is whether or not it was an error to deny his motion for dismissal and subsequent motion for judgment of acquittal base on an entrapment defense. The second issue is whether it was an error to deny his motion to dismiss based on allegations that the state had failed to produce exculpatory evidence. A New York Criminal Lawyer said the third issue is whether it was an error to deny his motion for judgment of acquittal on the charge of purchase of marijuana or possession of marijuana with the intent to purchase it based on legal insufficiency. The final contention that the appellant offers is whether it was an error to deny the motion for arrest of judgment on the charge of purchase of marijuana or possession of marijuana with intent to purchase on the ground of inconsistent verdicts.

Case Background

Published on: March 26, 2013

Court Rules Closed Containers Cannot Be Searched Without a Warrant

by Stephen Bilkis

This case involves an appeal from convictions of possession of marijuana. The defendant challenges that the trial court’s failure to suppress the marijuana. The other defendant challenges the sufficiency of evidence in the case.

Case Background

A New York Criminal Lawyer said the local police officer was monitoring a parking lot during a rock concert. He saw three men leave the building about half way through the concert and get into a car. He saw the two men in the front seat start to fumble around on the floorboard for about a minute and then saw what looked like a cigarette being lit and passed around the vehicle. He suspected that the cigarette was likely marijuana so he called for backup.

Published on: March 25, 2013

Defendants Marijuana Charges Reversed

by Stephen Bilkis

The defendant in the case is appealing a judgment and sentenced that found him guilty by jury verdict of a violation of the narcotics law.

Case Background

The information provided in the case charged the appellant along with five other defendants of possession of marijuana.

Published on: March 24, 2013

Defendants Contend Search of their Vehicle was Unlawful

by Stephen Bilkis

The appellants in this case were convicted in a nonjury trial for possession of 230 pounds of marijuana with intent to distribute. The marijuana was found in a locked trunk of a car that had been rented and driven by one of the defendants (marijuana possession). Another defendant was a passenger in the car at the time an immigration search was conducted.

Case Facts

The checkpoint where the search took place was on highway 35. The government often employs checkpoints at this location or one nearby.

Published on: March 23, 2013

Court Decides Constructive Possession Issue

by Stephen Bilkis

The appellant in this case was charged by information with possession of over five grams of marijuana (marijuana possession). He filed a sworn motion to have the reciting dismissed. The motion in part stated that he lived in the home with his wife and children and that while the search of the home revealed marijuana, he was not in actual possession of any type of controlled substance at the time the search took place. The state filed for a leave to amend, which was granted.

The state then prepared to move that the defendant was in constructive possession of a controlled substance. The state plans to prove this by the fact that the defendants name and address were on the box that contained the marijuana and that the marijuana was found in his bedroom closet.

Case Discussion

Published on: March 21, 2013

Defendant Appealing Order that Revoked his Probation

by Stephen Bilkis

The appellant is appealing an order that revoked his probation after a trial court determined that he had violated the terms of his probation by being in possession of marijuana and cocaine.

Case Background

The appellant was placed on probation. It was not long afterwards that the appellant was arrested for possessing both marijuana and cocaine. His arrest on these charges led to an affidavit being filed stating he violated his probation. A New York Criminal Lawyer said the affidavit alleged that the defendant had committed the offenses of possessing marijuana and cocaine, which violated his probation conditions that stated he was to live without violating the law.

Published on: March 21, 2013

Defendant Claims Search Warrant Lacked Probable Cause

by Stephen Bilkis

The defendants are appealing a conviction that stems from a multi-count indictment. The first defendant appeals his conviction and sentence to life in prison for conspiracy to distribute and possession with intent to distribute 100 kg or less of marijuana (marijuana possession), and between 500 grams and 5 kilograms of cocaine, distribution of marijuana, and use of a communication facility to commission drug trafficking, and being felon in possession of a firearm.

The second defendant appeals her convictions of conspiracy to distribute and possess with intent to distribute 100 kilograms or less of marijuana, and use of a communication facility to run a felony drug trafficking crime ring.

Arguments for Appeal

Published on: March 4, 2013

Court Discusses Single Transaction Rule in Marijuana Possession Case

by Stephen Bilkis

The appellant in this case was charged with selling a controlled substance, cannabis and for having more than five grams of cannabis. A New York Criminal Lawyer said the appellant was convicted on both charges and was sentenced separately for each of the crimes. The appellant argues that the trial court has violated the single transaction rule by imposing separate sentences for the sale and the possession of marijuana.

Case Background

The evidence that was shown at trial revealed that there were two undercover police officers who met three individuals at a bar in town. One of the individuals told the undercover agent that they could obtain a quantity of marijuana. The agents were driven to another bar by their companions.

Published on: February 16, 2013

Defendant Contends Government Relying on Hearsay Evidence

by Stephen Bilkis

The appellant in this case was convicted for possession and use of a gun. This conviction was based on a statement from a witness that the defendant possessed an identical gun that he typically kept in his home in another state.

Case Background

The defendant was arrested in March of 1990. Agents from the Bureau of Alcohol Tobacco and Firearms had tracked him from his home in Missouri to Texas. The agents watched him for a few days and acquired evidence to identify him as the buyer of a large amount of drugs. After concluding that the defendant had completed the purchase and was going to leave Texas with the drugs the agents alerted the local police. The police pulled him over and found 30 pounds of marijuana (marijuana possession) in the trunk of the car and a pistol in a sock on the floorboard behind the driver’s seat.