Client was pulled over for multiple instances of “weaving.” When pulled over, the officer asked Client and passenger to exit the car. The officer called for backup on scene. Officers then requested permission for a car search to which Client declined. Conveniently, a K9 was on scene and determined there was probable cause to search the vehicle.

The officers then tore apart the car including removing bolts and interior trim. The officers found 2.7 kg of drugs in the vehicle which tested positive for methamphetamine and fentanyl. Client was charged with unlawful distribution of illegal drugs and child abuse, as the passenger was a minor. Client was also an undocumented immigrant, which presented unique legal challenges regarding immigration status.

Upon accepting the case, Mr. Krizman reviewed the case discovery and quickly learned the legality of the stop was questionable, as officers were tracking the frequency Client’s car entered the state of Colorado. Mr. Krizman worked with co-counsel to prepare mitigation to present to the DA. To argue grounds for dismissal, defense counsel recruited an expert in police procedures and traffic matters to challenge the legality of the stop. Mr. Krizman and co-counsel also provided relevant case law and transcripts of the dashcam footage to support their request.

Although the case was not dismissed, Mr. Krizman and co-counsel were able to get Client an immigration-safe plea deal, alongside the assistance of an immigration expert. Client ultimately pleaded to an F4 drug felony which allowed Client to avoid jail and did not threaten his immigration status.

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