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April 13, 2011

Win In A Major Drug Possession Case

By Michael H. Joseph

Our Westchester criminal defense lawyers had a shocking and unpredictable win in the Westchester County Court in White Plains, on a major drug felony trial involving possession of oxycodine with intent to sell. On the verge of trial, it was discovered by the prosecution, the State Police who had possession of teh drugs lost them.

Without the actual drugs, it was impossible for the prosecutors to prove chain of custody, which essential in any drug prosecution case. What exactly happened to the drugs remains a mystery. Our New York criminal defense lawyers were prepared to defend the case on probable cause grounds and we further had a technical defense since the Westchester forensic labratory only tested one pill.

Therefore we believed that while the prosecution could prove a simple possession of a controlled substance charge, we did not believe they would be able to prove the felony weight charges.

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