Tag Archives: Acquittals

A Dooly county defendant charged with Crossing a Guard Line with Contraband was acquitted after a 1 day trial!

The Defendant was charged along with two other individuals with smuggling marijuana into the prison. The state sought to make an example of them and would not offer anything less than the maximum sentence of 7 years. Just before trial, the state re-indicted all three defendants with additional charges which would increase their exposure to 25 years. Fortunately, we had filed a Demand for Speedy Trial on behalf of our client and it was about to expire. The court gave the state 3 options: split the case up and go to trial on the old indictment as to our client and continue the case as to the other two in order to try them on the new indictment; continue the whole case in order to try the case on the new indictment, which would cause a dismissal as to our client; or go to trial on the old indictment as to all three defendants. The state chose the latter and we proceeded to trial, with all three defendants only facing 7 years each instead of the 25. Half way through the first day of trial, the state improperly allowed the jury to know that our client was on probation. We moved for and received a mistrial as to our client only. The trial proceeded as to the other two defendants who were both convicted and sentenced to 7 years to serve.