We got a great result today at a Montgomery County Preliminary Hearing by getting the case dismissed. The allegation was that our client was driving back from Philadelphia and swerved over the white fog line. He was pulled over, asked to step out, and subjected to a K9 sniff of his car. The K9 circled the car six times and the trooper noted a change in its breathing. As a result, the car was then seized and impounded and 176 bags of suspected fentanyl/heroin, 34 bags of crack cocaine, lots of empty baggies, and a digital scale were found. The drugs had not been tested, there was no opinion provided that they were possessed with intent to deliver, and the stop seemed questionable.
In the end, the entire case was dismissed and the incarcerated client was freed to go home with his father. Nothing beats the joy of seeing a father reunited with his son who was in distress. Hopefully they make the best of it and the son makes good use of his good luck. We often hear that you can’t get charges thrown out at a Preliminary Hearing, but this case demonstrates that the Preliminary Hearing can be a powerful tool to improve, or even outright win a case. Always talk with a good lawyer about all of the facts of your case before waiving your right to a Preliminary Hearing.
UPDATE November 10, 2023 – We have received lots of questions about this case. Most ask why didn’t the Commonwealth refile charges when they absolutely can after a case is dismissed at a Preliminary Hearing? In this case there were three significant errors. Each compounded the other. We have often made the argument that to refile a prosecution in a case like this absolves law enforcement of any responsibility for getting it right the first time. While many disagree with this argument we have gotten support for it from both prosecutors and law enforcement – who both ultimately hope that this sort of result creates a lasting impression on the officer involved. Then it never happens again. In effect, it becomes a solid training tool for law enforcement – to the benefit of our clients. This also benefits the community down the road when that same officer is involved in a more serious case – and gets it right.
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steve@fairlielaw.com
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