Third Degree Drug Sale Charges Dismissed

The Law Office of John J. Leunig recently obtained the complete dismissal of a Third Degree Drug Sale charge. The firm successfully argued that the prosecutor should be compelled to disclose the identity of a confidential informant, the government, rather than comply with the judge’s order, decided that they would rather dismiss the case entirely than reveal the confidential informant’s identity.
In the underlying case, the Hennepin County Attorney’s Office alleged that the defendant sold crack cocaine to a confidential informant and an undercover officer on one occasion. The defendant was arrested on this allegation at a later date when another alleged drug sale had supposedly been arranged, however upon his arrest, he was not found to be in possession of any of the narcotics that he was purportedly going to be selling. The defendant disputed the allegation that he had sold crack cocaine to the confidential informant and further disputed the allegation that he had agreed to sell crack cocaine on the day of his arrest.
In defending the case, the firm requested the identity of the confidential informant from the prosecutor in order to conduct a further investigation into the allegations that had been made and the background of the person who was working with law enforcement and claimed to have purchased narcotics from defendant. But the prosecutor refused to reveal the person’s identity and claimed that the information could legally be withheld under the circumstances.
Firm attorney Justin J. Duffy disagreed with the prosecutor’s decision and filed a Motion to Compel, asking a judge to order that the prosecutor reveal the identity due to the fact that the confidential informant was an active participant in, and material witness to, the alleged drug sale. Both parties submitted legal memorandums arguing their positions.
The district court judge agreed with the firm’s position and ordered that the state must disclose the informant’s identity. But instead of disclosing the identity of the confidential informant, the prosecutor decided to completely dismiss the matter instead.
If you or a loved one are facing charges for a criminal offense, call the criminal defense attorneys at The Law Office of John Leunig, 24 hours a day, 7 days a week, at 952-540-6800 for a free consultation.