case result 3rd Degree Sale of Controlled Substances

Earl's client was charged with 3rd Degree Sale of Controlled Substances after they allegedly sold an amount of methamphetamine to a confidential informant (CI). Earl's client's involvement in the case was limited to handing the narcotics to a co-defendant who then sold them to the CI.

The drug deal was set up and facilitated by a co-defendant. The co-defendant made multiple phone calls to arrange the meet and the exchange. Law enforcement never saw Earl's client. Instead, Earl's client was charged based solely off a one-picture photo lineup conducted by law enforcement with the CI after the drug deal.

Earl met with his client who swore up and down that they were not involved at all in this crime. Earl's client had no history of drug offenses or involvement in drug trafficking.

After examining the evidence, Earl challenged the identification and argued that the one-photo lineup was overly suggestive and therefore not credible. After a contested hearing on the subject, the court found the identification sufficiently credible and refused to suppress it. Undaunted by the admissibility of identification evidence, Earl pressed on.

The prosecutor in the case made Earl's client an attractive offer, but Earl's client refused. They were simply unwilling to plead to something they didn't do.

Earl set the matter on for a speedy trial. Less than a week after Earl demanded a speedy trial, the prosecutor dismissed the case.