Information about "Beat Marijuana Charges Without Plea Bargaining"



This book is a user-friendly manual and tutorial/textbook useable in courts and  provides defense attorneys with the tools to successfully represent their clients under the existing  precedents despite the resistance of some judges who declare that marijuana tests have never rendered false positives and ignore published scientific findings as well U.S. Supreme Court decisions. The book arms you with the legal and scientific material for your pretrial and trial battles.


Pretrial In Limine Motions and Motions for Dismissal


The book details an all but unknown 1974 study by 14 scientists and two attorneys that unequivocally finds that the prosecution’s typical marijuana tests do not confirm the presence of marijuana in a seized substance. Moreover, the book describes a little known U.S. Supreme Court decision agreeing with this finding as well as supportive scientific studies and state supreme court decisions.  The book contains the scientific and legal ammunition you need to persuade the trial judge to first conduct a pretrial hearing and then to exclude the prosecution testimony.


This material enables the defense to bring successful motions for dismissal as well as in limine motions to exclude.  The book documents repeated claims of infallibility by both DEA agents and local police officers.  The book contains extensive quotations from DEA agents’ sworn testimony and affidavits claiming that its marijuana tests are infallible. The book exposes those claims as scientifically impossible.  As Judge J. William Ryan observed in one case, such overstated claims call into question the “integrity” of the prosecution’s expert witnesses. The book even contains a detailed request for an evidentiary hearing seeking dismissal that was granted by a hostile judge who had previously believed that government drug analysts can do no wrong.


The scope of the book is not limited to federal practice; the book deals with police experts as well as DEA witnesses.  Police witnesses often testify based solely on non-specific field tests. The book establishes that like their DEA counterparts, unqualified police officers and police lab analysts frequently assert in court that their field tests infallibly confirm the presence of marijuana in a seized substance. As in the case of federal prosecutions involving the DEA, these overstated assertions can serve as a basis for a dismissal or at least an evidentiary hearing to exclude the evidence.


Cross-Examination at Trial


If the case goes to trial, the book provides scores of piercing cross examination questions which can strip the prosecution’s expert witness of any credibility. Many of the questions are garnered from actual trials that resulted in acquittals.  The book not only exposes the spurious answers sometimes given by prosecution witnesses; marshaling the relevant science, the book also explains the correct answers.  - John Kelly

Beat Marijuana Charges Without Plea Bargaining is available now on Amazon.com!

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