Attorney: Dylan W. Greenwood
Charge: Numerous Felony Drug Crimes
Case Result: Dismissal and expunction of all charges
District: Surry County District Court
The Situation
The client was charged with multiple Class H and I drug felonies based upon a traffic stop and subsequent search of their home. Client was facing possible time in prison and as charged, was not eligible for any type of conditional discharge under N.C.G.S. § 90-96. Police waited for our client to leave their driveway based upon an anonymous crime stopper tip. During the search of the car, Officers found user amounts of multiple drugs. Based on this interaction they took my Client back to his home.
Officers then applied for a search warrant, and it was granted by a magistrate at 4:30pm. However, Officers were on timestamped camera footage at 3:30pm already initiating their search at the home an hour prior to the warrant ever being issued. Moreover, camera footage showed an Officer showing up to the property with the warrant at approximately 5:00pm.
Our Approach
We identified multiple Fourth Amendment issues. The reason Officers pulled our client over. The reasoning on the search warrant. The premature search of our Client’s home. After demonstrating all of these issues to the District Attorney, the charges were reduced to those eligible for Conditional Discharge under N.C.G.S. 90-96. This was because there were substances found that we had weaker arguments in which to challenge. However, our client looked at the 90-96 as an opportunity to completely change their life. Our client did just that. The client went on to become completely sober and has maintained that sobriety to this day. We were able to expunge all charges off of his record.
The Result
Dismissal of all charges pursuant to N.C.G.S. § 90-96 and expunction of all charges.