Client acquitted of Possession of Dangerous Drugs (Possession of Methamphetamines) and Possession of Drug Paraphernalia
State of Arizona v. Obrien
Possession of Dangerous Drugs, a Class 4 Felony Possession of Drug Paraphernalia, a Class 6 Felony
The client was facing a prison sentence between 6 years up to 15 years if convicted.
Moments after the jury was sworn in, which is the point prejudice attaches for purposes of the Double Jeopardy Clause, we argued to the judge that the State’s witnesses should be precluded from testifying that our client possessed methamphetamines because no one witnessed our client possessing drugs or drug paraphernalia. The judge, after taking a recess to research the issue, reconvened and agreed with us that the State’s witnesses were to be precluded from testifying that our client possessed drugs or drug paraphernalia. The State, in sheer frustration and exasperation, told the judge that they could not proceed with the case. The judge then entered a Judgment of Acquittal on our client’s behalf.