Defendant, R.C., was charged with Possession With Intent to Deliver 35 § 780-113 §§ A30, Conspiracy 18 § 903, and Intentional Possession of a Controlled Substance 35 § 780-113 §§A16. If convicted, R.C. faced a parole violation. Faced with the possibility of imminent incarceration, R.C. contacted the Law Office of Mark D. Copoulos to fight the case. Copoulos was able to arrange R.C.’s release from prison. Following his release, Copoulos litigated a motion to suppress before a CP judge. The judge denied the motion to suppress. However, at the motion Copoulos obtained inconsistent testimony for the reporting officer who witnessed the alleged transaction. Copoulos then asked for a recusal and the case was moved to another courtroom. Copoulos then prepared for trial.
At the trial, the responding officer testified for a third time. The officer made statements inconsistent with testimony at the preliminary hearing and motion. The officer then testified for the first time, and inexplicably, that a car was obstructing his view of the defendant. With a car obstructing the officer’s view, a clear observation of the alleged transaction became impossible. Further information was elicited that when R.C. was stopped he had $110.00 on this person, this currency was tucked away in a wallet, and R.C. had no drug paraphernalia or drugs on him when arrested. It was established that ten to twelve people were standing outside during the alleged transaction. Many of the people were merely innocent bystanders, and not everyone outside that day was selling drugs.
Following closing statements, where Copoulos passionately advocated for R.C.’s innocence, the Court found R.C. not guilty of all charges. While the Court stated it was a “close case” such cases go to the defendant where the burden is beyond a reasonable doubt. Copoulos credited the victory to his tenacious advocacy of R.C.. When the motion to suppress was unsuccessful, the defense changed gears and asked for a recusal, moving the case to another courtroom. It was before the second CP judge months after the motion to suppress, that R.C. won the case. As a result he avoided a parole violation.
If you have been charged in a criminal matter, contact the Law Office of Mark D. Copoulos. Our passionate and tenacious advocacy will ensure that no stone in unturned in protecting your rights from the state. For a free consultation call us at 267.535.9776.