Criminal Case | Drugs

State v. MJ, (Hillsborough County-2003):

In 2000, U.S. Customs officials in Anchorage Alaska intercepted a UPS package addressed to MJ’s residence in New Hampshire. Although the shipping manifest indicated the package contained Retamine (tree bark), inspectors determined the package contained over 1 kg of Ketamine (Special K). Customs officials alerted Manchester-based DEA agents who subsequently notified the NH Drug Task Force. NHDTF made a controlled delivery of the package to MJ’s residence, conducted a search of the residence, including MJ’s computer. MJ was arrested and charged with Attempted Possession of a Controlled Drug with Intent to Sell Subsequent and Conspiracy to Possess a Controlled Drug with the Intent to Sell Subsequent. He remained free on bail pending trial. This was the biggest Special K bust in State history.  In addition, MJ had a prior drug conviction on his record. Each of these charges carried a maximum sentence of 7½ – 15 years in State Prison and a $200,000 fine. Not surprisingly, the Senior Assistant Attorney General assigned to the case initially believed that at least 12-months in jail followed by intensive probation would be appropriate if MJ agreed to plead guilty to both charges.

Over the course of almost a year of pretrial litigation, we filed multiple motions doggedly attacking the warrants and related searches in the case. In one of our last motions, we cited to a case out of the State of Florida to support our client’s legal position. To his credit, the Senior Assistant Attorney General agreed to recommend a no time deal after reviewing this final motion and the Florida case cited therein. During the plea and sentencing hearing that followed, the prosecutor referred to the issues raised by defense counsel as part of the rationale underlying the State’s sentencing recommendation which did not include any stand committed jail time. MJ, his long-time girlfriend, and six-month-old baby were happy and grateful. 

Result: No Jail Time