State v. K.C.
Matthew B. Nichols
5 years in prison
Trafficking in Drugs
Client was found in possession of “beautifully manicured” marijuana plants in his remote back yard. The total weight of usable product was in excess of eight pounds. The law presumes trafficking if a person possesses more than one pound. Client also possessed scales and baggies to indicate that he was trafficking. The defense argued that the drugs were for personal use.
Client rejected a plea offer to admit the felony and spend only 20 days in jail. Client risked a five year prison term if convicted of trafficking. Client testified and admitted to possession. At trial, the defense successfully rebutted any inference of trafficking.