DC Drug Possession Distribution Lawyer

Tuesday, September 22, 2015

Drug Possession Charges in Washington, DC DISMISSED

A Farrelly PC client had her possession of a controlled substance charge dismissed after successfully completing Mental Health Court diversion.  The client was facing a maximum penalty of 180 days in jail and/or a $1,000 fine if convicted of possession.  The client spent four months participating in DC Superior Court Mental Health Court attending various counseling programs and remaining illegal substance free.  In exchange the government dismissed her case upon completion of the program.

Read more about drug possession defense and diversion here and here.

Wednesday, February 19, 2014

DC Takes Another Step Toward Marijuana Possession Decriminalization

As reported by the Washington Post and numerous other media outlets, the D.C. City Council voted 11-1 to decriminalize the possession of less than one ounce of marijuana.  In lieu of the current criminal penalties of 180 days in jail and/or a $1,000 fine for possessing small amounts of marijuana, possession would be a civil infraction carrying a fine-only punishment, similar to a speeding or parking ticket.

If the legislation is enacted, D.C. would follow the lead of 15 other U.S. states that have already decriminalized possession of marijuana.  Although possession of marijuana remains illegal under federal law, the Department of Justice has not taken any action to enforce federal law in those states that have decriminalized possession through state legislation.

Read more . . .

Monday, August 12, 2013

US Attorney General Announces Change in Drug Crime Policy

As reported by the Washington Post and numerous other news outlets, Attorney General Eric Holder is set to announce new policies for the prosecution of drug crimes by the Department of Justice.  These new measures are aimed at combating the problem of overcrowding in federal prisons.  In addition, the new policies hope to avoid sending individuals charged with non-violent drug crimes to jail for lengthy periods of time.

Since 1980, the population of the United States has grown by approximately 33%.  However, the federal prison population has grown 800% in that same time.  Jails are operating at 40% over capacity.  The federal government spent $80 billion incarcerating inmates in 2010.

Read more . . .

Wednesday, August 7, 2013

Choosing A Criminal Defense Attorney

When choosing a Washington, DC criminal defense attorney there are a number of things you should be looking for. First and foremost, you have to trust anyone you hire.  If after speaking to an attorney you do not feel as though you trust them then you absolutely should not hire that person.  In addition, it is important that anyone you hire has experience with the type of crime you are charged with.  For example, if you are facing a Washington, DC DUI charge, make sure the attorney you hire has plenty of experience with DUI cases in DC.  Finally, do your homework.  A simple Google search of an attorney's name will most likely provide you with plenty of information about an attorney.  Make sure the attorney's reputation is what you would expect.  If you are not able to obtain any information about an attorney after a simple Google search that should tell you a lot about that attorney.  


Read more . . .

Monday, July 29, 2013

Farrelly PC Client Found Not Guilty of Marijuana Distribution Charges

On July 22, 2013, a Farrelly PC client was found not guilty of possession with intent to distribute (PWID) marijuana.  The government's evidence showed that my client was in possession of 19 zips (or little baggies) of marijuana, totaling 12 grams of marijuana.  The government had virtually zero additional evidence to prove that my client was possessing the marijuana with the intent to distribute it.  A government expert witness, Detective Thomas of the Metropolitan Police Department, testified that based purely on the packaging of the marijuana, it was his expert opinion that the client intended to distribute the marijuana. 

Read more . . .

Monday, June 24, 2013

Farrelly PC Client Found Not Guilty of Drug Possession Charges

On June 6, 2013, DC Superior Court Judge Harold Cushenberry granted a defense motion for judgment of acquittal in case number 2013 CMD 3790.  The defendant in that matter was charged with possession of a controlled substance and faced a maximum sentence of up to 180 days in jail and/or a $1,000 fine.  By granting the defense motion for judgment of acquittal, Judge Cushenberry made a legal finding that even if viewed in the light most favorably to the government, the government's evidence was not sufficient to convince ANY reasonable juror that the defendant was guilty beyond a reasonable doubt. 

Read more . . .

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