Share This Post
Barnstable: Possession of Cocaine: Motion to Dismiss Allowed
Summary of Facts: Our client was a young woman that made a mistaking in trusting her boyfriend. She was a passenger in a car that he was driving. After being stopped by police, the boyfriend attempted to rid himself of the illegal narcotics he was carrying by throwing them toward our client’s purse. Because of the large quantity and packaging, both were subsequently arrested for possession with intent to distribute a class B substance.
Action: Attorney Coughlin drafted a motion to dismiss challenging the Commonwealth’s evidence. At hearing attorney Coughlin argued there was no probable cause to believe that our client knew of the drugs, or of any intent to distribute them. Reluctantly, the judge agreed and was forced to dismiss the case. The boyfriend’s case is still pending.
Result: Motion to Dismiss ALLOWED – Case Dismissed