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Drug Charges

Drug Charges: The Accused Were Framed

Antoine S: Arrested on Drug Charges

Antoine S, a handsome, likable young man in his late twenties, and a part-time construction worker, needed a criminal defense lawyer, fast. He was facing serious criminal charges that could mean a minimum of six years in prison for a crime he did not commit. Luckily, he found New York criminal defense attorney Gary Farrell.

Charged With Criminal Sale of a Controlled Substance

Antoine did have some prior problems with the police. But none of those had anything to do with drugs. Antoine did not deny that he was smoking pot in public near his home in the Bedford Stuyvesant neighborhood of Brooklyn. But he strongly denied that he ever sold any cocaine to an undercover officer or anyone else

— in Brooklyn or elsewhere. Nevertheless, he was arrested and charged by the police with Criminal Sale of a Controlled Substance in the Third Degree.

The Defense Lawyer Felt the Evidence Didn't Add Up

At first glance, things did not look good for Antoine. In fact, he looked very likely to be convicted. There was one undercover agent prepared to testify that Antoine had sold drugs to him, and two other undercovers who claimed to have witnessed the sale. What’s more, they said that Antoine was arrested in possession of “marked” money — $60 that they claimed to have given him to make the “buy.”

Could the Money Have Been Photocopied After the Arrest?

But when Gary Farrell heard Antoine’s side of things, and saw the “evidence,” he began to feel that the prosecution’s story didn’t add up. In fact, he began to suspect that Antoine might have been framed. Antoine admitted to having $60 but said that it was his money. Could the police have Xeroxed the money after they arrested Antoine? Why were there no visuals of this big undercover bust? Did three police officers really need to mace Antoine while they were arresting him? What really went on here?

Not Guilty: The Jury Smelled Something Wrong

Defense attorney Gary Farrell was able to show discrepancies in the cops’ stories. He was able to show that the money could have been marked after the fact. Gary put Antoine on the stand and the accused was much more credible than the three undercover officers. Yes, it was the word of three cops against one man, but the Kings County jury did not believe them. It refused to convict Antoine of anything. He was acquitted of the serious drug charge — and even of possession of marijuana, which he had admitted. The jury smelled something much worse.

People v. Edwin S.

Accused along with several others of selling drugs on a school playground in Brooklyn, Edwin S. was indicted by a Kings County Grand Jury on seven counts of Criminal Sale and Criminal Possession of a Controlled Substance. Edwin maintained that he was innocent — that he neither used nor sold drugs. He was arrested on the school’s property but said that he was simply there talking with some friends — he was in the wrong place at the wrong time. He was indicted based on evidence gathered from an undercover police operation. An undercover detective had approached another man who was going into the school grounds with a friend and asked him if he knew who was selling dope.

Using marked money, the detective went with the man and his friend and bought heroin from another man in the park. At the time of his arrest, Edwin had $500 in his possession and the police claimed to have found glassines of heroin on the ground near him. Attorney Gary A. Farrell examined the case thoroughly and found many inconsistencies in the various police reports and improper use of the marked money.

Mr. Farrell’s investigation, his careful presentation before the jury, and his detailed cross examinations of the police witnesses made it clear that the police had framed Edwin. In very short order, the jury found him Not Guilty and his long nightmare was over.