Q: How can we work towards having felony possession charges dropped in WV?
My boyfriend was arrested for felony possession in West Virginia, with claims of constructive possession and intent to distribute. He was arrested in a house with a confidential informant (CI) who was found to have drugs on his person but was still released from custody. No drugs were found on my boyfriend personally; they were located where the CI said they would be. My boyfriend had only been in West Virginia for 60 days and was not aware the CI, who has prior charges, wanted a reduced sentence for shoplifting by incriminating him. He wasn't read his rights until after an interrogation where he was coerced into giving a statement under threat of more charges and a longer sentence. He was not shown any arrest or search warrants, and his attorney has been unresponsive for two weeks. There is body camera footage supposedly showing the coercion. How can we work towards having his charges dropped?
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A:
The situation you're describing raises several potential legal issues that could help your boyfriend's case. Your first priority should be getting responsive legal representation - consider requesting a new public defender or hiring a different attorney who has experience with drug cases in West Virginia. The attorney should immediately file motions to review the body camera footage and examine any violations of your boyfriend's Miranda rights, as statements made during an unwarned interrogation might be suppressible.
Your boyfriend's case has multiple angles worth pursuing - the questionable reliability of the confidential informant who had drugs on their person yet was released, the constructive possession issue when your boyfriend had only been in the state for a short time, and the potential coercion during questioning. These elements could form the basis for motions to suppress evidence or even dismiss charges if properly presented to the court. Document everything you remember about the arrest circumstances, including the lack of warrants shown and any witnesses present.
While waiting for legal representation to become responsive, you might research West Virginia's drug diversion programs or treatment options that could provide alternatives to incarceration. Many courts look favorably upon defendants who take proactive steps toward addressing potential substance issues, even before case resolution. Remember that each legal case has unique factors, and the path forward depends on specific evidence details, the jurisdiction's typical handling of similar cases, and the strength of legal arguments presented by your boyfriend's defense team.
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