State v. Mr. JC. (2014)

Practice Area:  Criminal Law / 1 Count Possession Marijuana for Sale, 4 Counts Misconduct involving Weapons, and 1 Count Possession Drug Paraphernalia

Date:  April 23, 2014

Outcome:  Acquittal

Description: (Maricopa County Superior Court CR2013-424885):  Officers were watching a house.  Officers witnessed a vehicle leaving the driveway and stopped the vehicle. Officers identified the driver as JC and after a brief investigation and a search of his bag, released him. Officers then went back to same house and claimed that they smelled marijuana coming through a quarter inch crack in the front window. A Commissioner issued a warrant and officers entered the house and found approximately 30 pounds of marijuana, along with guns and a scale. Officers located indicia from the house that supported the residency of JC at the house searched. Latent prints were taken from the evidence seized but no prints identified JC and others positively excluded JC. One print returned with the identity of another. After a Superior Court Judge denied JC’s motion to suppress based on an illegal search of the house, Mr. JC proceeded to trial. After nine days of trial, Ms. Castillo was able to persuade the jury that the officers’ testimony was not credible; that mere presence did not support a conviction and that the officers’ investigation was incomplete and the prosecution had disregarded key evidence.  The jury acquitted Mr. JC on all charges in approximately 2 hours. If convicted, Mr. JC could have faced up to 28 years in prison.

Results depend upon factors unique to each case. Results in one case do not predict results in another case.