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.
Individual was charged with possession of a Schedule I drug following a traffic stop. The drug, khat, is not listed anywhere in the Controlled Substances Act, but the chemical components usually found in it, Cathine and Cathinone, are listed as controlled substances. Our firm filed a detailed motion to dismiss the case on due process grounds due to the lack of adequate notice to the public of the illegality of possessing this substance. The Commonwealth ultimately agreed to nolle prosse (not prosecute) the case one week before the jury trial was scheduled to begin.