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Mechanicsville Man Has Felony and Misdemeanor Drug Charges Dropped

A 22 year old Mechanicsville man had two of three drug-related charges against him dropped at his preliminary hearing in Hanover General District Court today. The man faced two felony charges for possesion of cocaine and conspiracy to distribute controlled substances, and a misdemenaor charge of possession of drug paraphernailia.

On cross-examination of the arresting officer during the Commonwealth's case at the preliminary hearing, we were able to demonstrate the Commonwealth offered insufficient evidence to sustain the charges of conspiracy and possession of paraphernalia. The trial judge dismissed those charges, but certifed to the grand jury the felony drug possession charge based on the officer's testimony that the defendant admitted it was his. The defendant has denied saying that though he did not testify.

At trial in the circuit court later this year, one hotly contested issue will be the search of the unoccupied car where the drugs were found. The officer had no warrant for the search. The United States Supreme Court last year ruled such searches were unconstitutional unless certain conditions exist.



Mr. Stelly regularly appears in the courts of the City of Richmond, Henrico County, Chesterfield County, Goochland County, and Hanover County.

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