Felony Drug Case Nolle Prossed

DISCLAIMER: The results are specific to the facts and legal circumstances of each of the clients' cases and should not be used to form an expectation that the same results could be obtained for other clients in similar matters without reference to the specific factual and legal circumstances of each client's case.

Recently, Mikhail Lopez handled a felony drug case where the arresting police officer represented to Mr. Lopez and the Commonwealth that the officer had received a Certificate of Analysis (COA) for the case.  When asked where it was, the officer claimed he had it at his residence but did not bring it to court.  Typically officers do not retain important court documents at their homes, and a week prior, the testing had not even been done.  Finding all of this to be suspicious, Mr. Lopez contacted the Department of Forensic Science (DFS) while in court and requested information about the status of the COA.  DFS informed Mr. Lopez that the items in question had not even been tested as of the court date.  Mr. Lopez brought this to the attention of the prosecutor handling the case.  The prosecutor asked the officer whether he had the COA after Mr. Lopez informed her that he did not believe the COA was completed.  The officer again represented that he had it at home, which could not be true.  Mr. Lopez told the prosecutor exactly what he learned about the status of the COA, and the prosecutor ultimately called DFS to also confirm the COA had not been prepared.  Once the prosecutor confirmed that the officer had misrepresented the availability of the COA, the case was nolle prossed.

 

Nolle Prossed

Mikhail N. Lopez
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Criminal Defense and General Civil Litigation Attorney