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DWI And Refusal Charge Dismissed

Outcome: Suppression Of Evidence

Middlesex County, June 2021

Our client was arrested in 2019 and facing 10 years’ incarceration after a search of his backpack revealed the possession of heroin, leading to numerous 1st and 2nd degree criminal charges in Middlesex County Superior Court. A review of the discovery lead our office to submit a Motion to Suppress the evidence found due to a lack of probable cause for the officer to search our client’s bag. After arguing our Motion, the Judge was convinced that the officer did not have a valid basis to search the bag and suppressed the evidence therein. The suppression of this evidence means that the State will not be able to proceed, and will be forced to dismiss the case.

The Law Offices of James A. Abate LLC

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