Leominster District Court
Client is a 41 year old man from Winchendon, MA who was charged with Open Container violation and Possession of Heroin Subsequent offense.
The client was sitting in the passenger seat of a motor vehicle while parked in a super market parking lot. The driver and owner of the vehicle had gone inside the store while the client waited in the car. The Leominster police received a call that the driver/owner of the vehicle was shoplifting and described the vehicle she had arrived in.
As part of their investigation police approached the vehicle and observed the client along with an open container of Bailey’s Irish Cream in the vehicle. The police decided to arrest the client with no evidence that the client had possessed or consumed the alcohol in the container. The police conducted a further search of the vehicle and discovered three syringes, a spoon and some heroin underneath the front passenger seat, which they also charged the client with.
Attorney Damian Riddle quickly scheduled the matter for trial. Attorney Riddle planned to argue that there was no evidence the client had knowledge of, possessed or exercised control over the heroin or the open container. The items were just as likely, if not more likely to be those of the driver/owner of the vehicle.
On the day of trial with the arresting police officer present the Commonwealth elected to dismiss both counts on the payment of $100 court costs, which the client agreed to pay.