Felony Maintaining a Residence for Drug Purposes Case Dismissed
As if drug charges alone are not enough, often times they are accompanied by "maintaining" charges alleging that the vehicle or building in which drugs were found were "kept or maintained". Occasionally, those cases stand alone, though under what circumstances they might stand up to reasonable inquiry remain a mystery.
Recently, attorney Sean Cecil secured a voluntary dismissal of felony "maintaining a dwelling" against his client based upon cannabis that was discovered at an apartment where she slept sometimes but which was leased to her boyfriend. Several police officers spent a few hours searching the apartment based upon a neighbor's report that the area around the apartment smelled like "marijuana". Notwithstanding probable cause search issues, our investigation revealed that the officers did not discover any evidence that our client maintained the apartment for any purpose at all. Despite rummaging through all the mail in the home and pretty much everything else, the cops failed to recover anything connecting our client to the premises. This fact only came to light after a several hour review of police body camera footage provided in response to Mr. Cecil's discovery request.
Sometimes being in the wrong place at the wrong time can result in felony charges. With the right advocate, sometimes a happy ending (or at least happy compromise) can be achieved. Give us a call if you or a loved one is facing criminal charges of any type. (919) 828-1456.
Practice area(s): Criminal Defense