State v. K.W., June 17, 2009 – Felony Jail Docket, Davidson County, Tennessee

My client was accusing of facilitating the sale of crack cocaine, which constitutes a Class C felony, carrying up to 15 years of prison time. At the preliminary hearing, testimony was offered by the undercover detective that he had picked up a known prostitute, who then pointed to my client who got into the car. The undercover detective said he wanted a “20″, which is street slang for $20 worth of crack. My client made several phone calls, but never talked to anyone. Instead. the detective pulled into a known drug infested motel and bought a 20 from another individual.

The signal was given, and police took down all three individuals. However, my client never made contact with the individual who sold the crack to the undercover detective. I argued successfully that no crime was committed – that the concept of an “attempted facilitation”, as argued by the state, was an uncognizable crime (one cannot attempt to substantially assist in something that did not happen), and that my client could not have substantially assisted if he never talked to the buyer or pointed the detective in the direction of the motel, which he did not.

After argument, the judge dismissed the charge against my client. He was freed later that afternoon.

If you have been charged with a drug crime in Davidson County / Metropolitan Nashville, or elsewhere in Tennessee, please contact me immediately. Your rights can only be defended with a competent and experienced lawyer by your side.