While on felony probation, our client was arrested for, and charged with, two (2) felony drug charges and a probation violation. The State alleged that our client sold prescription Xanax, and marijuana in a house located near an elementary school.
In reality, our client fell asleep at a neighbor’s home, after mistakenly being locked out of his home. While asleep, the neighbor’s house was raided by the police and drugs were found. Our client and two (2) other occupants were arrested and charged. Our client immediately called Temani.
Temani used a pre-trial hearing, known as an examining trial, to obtain the testimony of the lead detective. Temani began by having the officer admit that the “drug free zone” that the State used to enhance the charge was bogus, because the alleged school had been closed for years. Through effective cross examination, Temani was also able to force the officer to admit that our client did not live in the home where the drugs were found, was not in the room where the drugs were found, and that he was asleep in a spare bedroom when officers entered the home. After producing the record from the hearing, Temani was able to have the drug charges dismissed, and have the client’s probation reinstated without any jail time.