Not guilty possessing cocaine for sale
Client was looking forward to visiting friends he had not seen for awhile. When he arrived at his friend's house he found several other visitors were present and they all had a wonderful time. Client decided to spend the night unaware that the house had been under surveillance for the past two weeks by drug enforcement officers.
Early the next morning the police raided the house finding client in the bathroom and others in various parts of the house. Cocaine was found in a plate on top of the refrigerator, in the kitchen cupboard and in a pair of jeans found in a hamper in the bathroom. Also found in the house was plastic baggies and a scale. Several arrests were made including my client's arrest. Client was offered a plea bargain but refused explaining he had no knowledge of drug activity.
Phoenix criminal defense lawyer Brian DiPietro explained to the jury that merely discovering client in the bathroom, where cocaine was found was not proof beyond a reasonable doubt that client knew of the cocaine.
The state argued that defendant had put the cocaine in a pair of jeans in the hamper when the police raided the house to avoid suspicion. But Mr. DiPietro countered that everyone in the house had access to the bathroom and there was not any evidence when the cocaine was placed in the jeans since the jeans did not belong to client. Also, there was not any evidence that client knew of the cocaine in the kitchen. The police admitted that during the surveillance of the house and the informant's tip that client was unknown to the police.
The jury agreed with Mr. DiPietro that there was reasonable doubt as to client being involved in possession of cocaine for sale and found him not guilty.