Case Studies

THE PEOPLE v. J.S.

Charges

1. Possession of cocaine with intent to deliver
2. Possession of heroin with intent to deliver

Possible Sentence

Super class X felony, mandatory 9-40 years in prison

Facts

Officers with a search warrant raided a CHA apartment where client was present and recovered over 100 grams of cocaine, over 5 grams of heroin, packaging materials and a large amount of money.

Outcome

McNamara & Austin took the case to trial and their client was found not guilty. The attorneys of McNamara & Austin attacked the credibility of the government’s witnesses and successfully argued to the judge that there was not significant connection between the client, the apartment and the recovered drugs.

THE PEOPLE v. R.G.

Charges

1. Possession of cocaine with intent to deliver
2. Possession of cannabis with intent to deliver

Possible Sentence

Super class X felony, mandatory 9-40 years in prison

Facts

Officers with a search warrant raided an apartment where client was present and recovered over 100 grams of cocaine, over 50 grams of cannabis, a scale and a large amount of money.

Outcome

McNamara & Austin took the case to trial and their client was found not guilty. The attorneys of McNamara & Austin attacked the government’s case and successfully argued to the judge that there was not enough proof that their client knew about the presence of the drugs nor that he had any control over them.

THE PEOPLE v. J.C.

Charges

1. Possession of heroin

Possible Sentence

Class 4 felony, 1-3 years in prison and potential permanent felony conviction on client’s record.

Facts

Officers stopped client’s car and searched it, finding approximately a dozen packets of heroin.

Outcome

At a motion to quash arrest and suppress evidence, McNamara & Austin challenged the stop and search of the client arguing that the police violated his constitutional rights. The judge agreed and threw out the evidence of heroin and the government was forced to dismiss the case.