Drug Charge Case in Mobile Alabama Circuit Court Dismissed
Sometimes, some things are in our control. Sometimes, those things and the resultant actions are instigated by a member of the public or police that report they saw suspicious activity outside your residence.
A drug charge is a serious issue that could land you in even worse trouble. Unfortunately, an arrest can happen even on mere suspicion. When you find yourself in such a situation, you have one chance to try and make it all right; call The Dearman Law Firm.
DRUG CHARGES CASE IN POINT:
In the State of Alabama vs. Willicious Moffett, in a case where a police officer, Agent Tucker, alleged that he met with a confidential informant affiliated with the Mobile County Street Enforcement Narcotics Team in the past 72 hours, the defense sought to suppress evidence brought forth by Agent Tucker.
Drug felonies in Alabama vary in severity. However, even though the stipulated sentence may also vary, it does not mean that it cannot attract a punishment worse than what is recommended. Offences ranging from Class A misdemeanors like marijuana possession to felonies like drug distribution have seen many citizens off to jail, sometimes for long periods. Fortunately, Chase Dearman has a reputation of putting up an aggressive defense to secure the freedom of defendants.
In the case of Willicious Moffett, Chase Dearman referenced a 1990 appeal of the State vs. Nelms where an informant alleged that they had seen crack cocaine in the house of Tommy Lee Nelms at 625 WestView Drive. The defence was able to establish that the affidavit was defective. The motion to suppress was further strengthened by the fact that the affidavit’s definiteness was lacking, therefore making the search warrant null and void. The search was deemed unconstitutional on this basis and any evidence that was seized, inadmissible.
There was also a reference to the role of a search warrant in the Moffett case that quoted the United States vs. Greany case of 1991. The warrant used was not shown to be current or stale. With respect to Green, 2008, the case presented centered on an informant’s confidential information that Jeff Green was manufacturing and selling methamphetamine in his house and a shed just beside the residence. It was also established that Dothan Swat team snipers had observed continuous foot traffic between the house and the shed. In addition to that, it was established that a strong acidic chemical odor associated with methamphetamine manufacturing was coming from the house.
In this case, the Alabama Supreme Court found that the affidavit couldn’t hold any water. In the ruling, it was found that the affidavit lacked an indication of probable cause. How is this reference related to Agent Tucker and the Willicious Moffett case? Agent Tucker wrote the affidavit himself. Under the law, a police officer cannot exempt himself from the exclusionary rule to hos own actions.
Agent Tucker executing a search warrant that depends on his statement is inappropriate.
Using these arguments and references, the defense were able to show that the evidence that could have incarcerated Willicious Moffett cannot be used in a court, therefore getting the drug charge brought against the defendant dismissed.
Credible defense is not easy to out up, but as it has been demonstrated in the Moffett case. Chase Dearman does go to great lengths to try and assist clients in avoiding jail time.
RECOMMENDATIONS WHEN DEALING WITH DRUG CHARGES
Getting arrested is frustrating. Things can go from bad to worse in a matter in minutes. Here’s a few things you can do to avoid adding to your charge.
1. Talking to the police is a no-no. You are required by law to give out your names and address. Anything other that, you should not say unless in the presence of a lawyer. Worse case scenario, you say more than you’re supposed to and you aggravate your charge. Best case scenario, you play by the rules and call Chase Dearman.
2. Lying to the police will attract another charge and possibly make it worse for you in court. Giving out false information doesn’t look good when your case ends up in court. It may compromise your defense.
3. Don’t resist arrest. Things could be a lot worse. When you are under arrest, stay calm and wait until you are given your phone call to call The Dearman Law Firm. While you struggle against being arrested, you could cause harm to an officer, and that may count as assault.
4. Unless you see a valid warrant, do not accept a search on you or your premises. It is a requisite that a warrant is obtained based on probable cause. This is your right as a citizen.
5. Keep your case private. In this age of social media, anything you post, tweet, or say in the public domain can and may be used against you. Leave any details about your case out of social media.
6. Do not, under whatever circumstances, take any test. This includes polygraphs or lie-detector tests.
7. There is no charge too minor for a lawyer. Anything you do and the resultant charge will show up on records. It might get you in trouble. Whatever issue you have, always call a lawyer. They will come in handy for whatever charge.
At The Dearman Law Firm, there’s not a criminal case we won’t handle. From drug felonies to all other criminal charges, give us a call and set up a free consultation.
Chase Dearman of the Dearman Law Firm is a Mobile, Alabama criminal defense attorney handling state and federal criminal cases in Mobile County, Baldwin County, and South Alabama. He has successfully defended countless clients in trials and appeals on all manner of criminal charges.
CONTACT CHASE DEARMAN AT THE DEARMAN LAW FIRM
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