Thursday, September 20, 2012

Commonwealth v. A.N. (Drug Charges)


9/18/2012

Commonwealth v. A.N.

(Trial/Motion to Suppress)

Charge/Violation:   

 

                        1 count - Criminal Use of Communication Facility - Felony 3

                        2 counts –Possession with Intent to Deliver Controlled Substance–                                                2 Felony charges

                                    1 count – Possession of a Controlled Substance - Misdemeanor

                                    1 count - Criminal Conspiracy - Felony

Case Facts:  With the use of a Confidential Informant, Police allege that Defendant possessed with the intent to deliver, and in fact delivered, controlled substances (approximately 90 "OXYCODONE" pills)  to a Police Officer.  If convicted, Defendant would face a mandatory "jail-time" sentence.   

Verdict:  Attorney Paletta filed numerous Omnibus Pretrial Motions including a Motion to Suppress, alleging that the arrest of Defendant was unlawful and any evidence seized (controlled substances) or statements made by Defendant as a result, be suppressed.  Attorney Paletta also filed a Motion to Disclose Identity of Confidential Informant and Compel Appearance, requesting that the Commonwealth disclose the identity of the Confidential Informant and failure to do so would violate Defendant's constitutional right to confront witnesses against him.

The Commonwealth agreed to work out a plea bargain with Attorney Paletta for Defendant to plead guilty to certain charges that would only carry a sentence of 5 years probation and NO JAIL TIME .  In exchange for the guilty plea, ALL OTHER CHARGES AGAINST DEFENDANT WERE WITHDRAWN.