As the police approached a couple of “suspicious” vehicles they both took off. The police stopped one of the vehicles (an SUV in which MNM as a passenger) whereupon they immediately detected a pungent scent of fresh marijuana. The police arrested the driver and MNM for possession of marijuana and a search of MNM revealed the presence of approximately 1 ounce of powder cocaine, 1 ounce of crack cocaine and several hundred dollars in cash. The police charged MNM with possession of cocaine for the purpose of trafficking contrary to section 5(2) of the Controlled Drugs and Substances Act and proceeds of crime. Patrick Fagan entered pleas of not guilty to both charges and scheduled a trial.
BOTTOM LINE: As a consequence of a certificate of analysis “problem” Patrick Fagan was successful in having all charges completely withdrawn on the date of trial.