A client was stopped because he was speeding. The officers used a drug dog to search his car and found just over 28 grams of cocaine. The client was charged with trafficking in cocaine and was facing a minimum mandatory sentence of three years in prison.
When the client bonded out of jail, he retained Erick Cruz to represent him. Erick got to work on the case and urged the prosecutor to reweigh the cocaine because the officer's initial weight was based on the combined weight with the packaging. The combined weight of the cocaine and the baggie was enough to push it over the 28 gram threshold. Upon reweighing only the cocaine, the prosecutor agreed that it was less than 28 grams and reduced the charged to possession with intent to distribute and eliminated the three year minimum mandatory prison sentence. Erick deposed the arresting officer and was able to establish that although the quantity was not consistent with personal use, there was no additional evidence of an intent to sell. Erick used this basis as well as his client's young age and relatively minor criminal history to obtain a withhold of adjudication and probation for the client. The client was relieved to avoid jail time and a conviction.
At the Law Office of Erick Cruz we are dedicated to representing individuals under criminal investigation or who have been arrested and charged with a crime. Because our office’s exclusive practice focuses on criminal defense in Miami, Erick Cruz has established and maintains a positive working relationship with other defense attorneys, prosecutors and criminal court judges. The exclusive focus on criminal defense allows us to dedicate the time and resources necessary to represent you through a criminal investigation, criminal prosecution or post-conviction matters.
Call Erick to discuss your case with him and find out how he can get your case dismiss, charges and sentence reduced and your arrest record sealed or expunged.