Commonwealth v. T.H.; June 2009

Commonwealth v. T.H.; June 2009

Outcome: Not guilty of Possession with intent to Deliver after a jury trial. T.H. was facing a 3-6 year state incarceration sentence based on the weight of the drugs recovered. Instead, he received no penalty following his acquittal.

Description: T.H. was stopped by police driving a vehicle that did not belong to him but had permission to drive. Police searched the car and found 90 packets of heroin weighing over 2 grams under the steering column. As a result, T.H.was charged with possession with intent to deliver heroin. Mr. Fishman closely cross-examined the police that searched the vehicle to establish that the narcotics were in a secreted area where a permissive driver may not know about the existence of the drugs. Mr. Fishman then had a defense witness testify that T.H. came into possession of the vehicle less than an hour before the car stop. T.H. was found “not guilty” of possession with intent to deliver. He was facing a 3-6 year mandatory sentence if convicted based on the weight of the drugs.