Case 7: Drug Charge > Charges Dismissed, Vehicle returned

Summary of Charges: Possession of a Controlled Substance.

Client was facing: Felony conviction of drug charge and losing vehicle.

The Arrest: The client was stopped by the police for speeding 45mph in a 35mph zone. While speaking to the client, the officer saw what he thought was a tiny piece of a burned cigarette paper on the seat of the vehicle. He allegedly suspected that it was a small "roach." The officer had the client exit the vehicle while the officer performed a search of the interior. Subsequently, he allegedly found approximately 2 grams of a "controlled substance." The officer placed the client under arrest, and after questioning at the police station, the client allegedly admitted to possession of the substance.

Facts of the Case: The client was charged with Possession of a Controlled Substance and Forfeiture proceedings were brought against her car since that's where the alleged drugs were found.

Outcome: After being retained by the client, Mr. Shaner filed a Motion To Quash Arrest and Suppress Evidence. After several months of wrangling with the State's Attorney, and the Judge, all criminal charges were eventually dropped. The Forfeiture proceedings, however, were still an issue. Since the client's car was only a few years old, and was fully paid for, the client faced losing many thousands of dollars. At a hearing before the Judge, and aggressive cross examination of the police officer, Mr. Shaner and his client prevailed. The State's Attorney, however, filed a Motion to Reconsider. After a spirited second hearing before the Judge, they again prevailed. The State's Attorney's office decided not to appeal, and the Court issued an order for the Police to return the car to the very happy client.