Police observed our client loitering in a park after the park had closed. This suspicious behavior alerted the officer to possible criminal activity. When the officer asked, he could not provide a reason as to why he was there. Subsequently, the officer arrested him. While arresting him, the arresting officer conducted a search upon our client. This search revealed that our client was carrying a clear plastic bag containing two unknown blue pills and one unknown red pill. The officer believed the pills to be ecstasy. Additionally, the officer located another clear plastic bag that contained marijuana.
RESULT: When conducting an arrest, in order to protect their safety and prevent a person from destroying evidence, officers may conduct a search of the arrested person and their personal belongings. This is what’s called a “search incident to a lawful arrest.” The officer’s discovery in this case resulted in the Prosecutor charging our client with illegal Possession of a Controlled Substance, as well as Possession of Marijuana. Despite the officer catching the client “red-handed”, our attorney was able to successfully negotiate with the Prosecutor to have him entered into a program called “diversion”, upon completion of which, our client’s case would be dismissed. Through the attorney’s hard work and vast experience in negotiating, she was able to convince the Prosecutor that the client was a suitable candidate for this program. This resulted in NO CONVICTION, NO LICENSE SUSPENSION, AND NO CRIMINAL RECORD! THE CLIENT IS ALSO ELIGIBLE TO HAVE THE RECORD OF ARREST EXPUNGED!