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Criminal Defense

How Body Camera Footage Got a Drug Felony Dismissed: A Case Study

Lovel Tokic9 min read

Attorney Lovel Tokic shares the story of a Denver drug felony — possession with intent to distribute methamphetamine — that was dismissed the morning of the motions hearing after body camera footage exposed an illegal search.

I knew my client would go to prison if we lost. Knowing that someone you care about might go to the penitentiary is stressful. I spent time with my client. He told me about what happened to him as a child. He went to prison at a young age. Prison did not help him recover from trauma — it never does. There was no place to be vulnerable and learn how to trust. Under the best circumstances, his trauma would have been difficult to overcome. His circumstances were some of the worst. It is a wonder that he would be involved in substance abuse, hiding and numbing.

My name is Lovel Tokic, and I want to tell you about a recent drug felony case: possession with intent to distribute Schedule II drugs — methamphetamine, 25 grams or more — arrest by the Denver Police Department, prosecuted in District Court by the Denver District Attorney's office. July 11, 2022. Dismissed on the morning of the motions hearing.

This was my first serious case working for The Savela Law Firm, P.C. Working collaboratively with Jason Savela was very different from my training at the Colorado Public Defender's Boulder office. We took the time necessary. We explored and brainstormed. We argued and got excited, making the case better and better. Public Defenders often do not have the time or energy — some have been beaten down, some do not care, some are too young. We love PDs and will always help where we can. But there are often limitations that cannot be overcome. Jason and I regularly discussed the case — not just over lunch, but really working it, blocking out time and using it. His thoughts helped me. I helped him. The result was far better than trying to work the case alone.

Our client was a passenger in a car stopped because the officer believed the driver did not have a valid driver's license. Everyone was removed from the car and searched. The police found a significant quantity of methamphetamine and charged our client. If you only read the police report, the whole thing appears fair and legal. I suspect the officers would have testified that way as well.

We now live in a world with police body cameras — and those cameras showed the truth of an illegal search and seizure. The main argument police would use to detain and search the occupants is the possibility that these citizens were armed and dangerous. They were not, and there was nothing to support that idea. Our client and his friends did the right thing. They were polite. They kept their hands where they could be seen. No quick movements. No anger or aggressive behavior. Nothing in plain view. The driver was sober, with all equipment working and traffic laws obeyed.

They did not make legal arguments on the street with the cops. They knew their lawyers would do that better later, with a judge in a courtroom. At the same time, they asserted their rights: 'I do not want to answer questions without a lawyer. I do not consent to a search.' And then — nothing else. Politely. Simple, polite, calm, cooperative, and clear.

Officers are allowed to pat a person down for weapons if there is a reasonable belief the person is armed and dangerous. Courts tend to defer to the officer's judgment — but not always. In this case, the stop was questionable, there was no good reason to remove the occupants other than the unlicensed driver, and the officers illegally patted my client down three times and illegally emptied his pockets. Had they followed the law, they never would have seen the drugs.

Preparation. Spending time with the file. Considering and reconsidering. Researching the law. Drafting and redrafting the motion until it was right. This allows you to be ready — and for the DA to know you are ready and will win. We were telling the truth, with the Constitution and case law on our side.

So when the prosecutor offered a misdemeanor plea — stipulated probation, no jail, down from felony prison and later felony probation offers — one business day before our motions hearing, I considered that she was bluffing. Was her officer available for this second motions hearing setting? Did she have a way to defend the police actions? Was she trying to play me and my client? I was confident in our issues, our facts, and our preparation. I was confident in myself, and in the trust I had built with my client.

My client had to make a difficult decision. Would he take the sure thing — a misdemeanor with probation? Or would he trust me, roll the dice, and push the envelope? It is his choice. His consequences. I wanted to show the judge what happens far too often. He trusted me. After making sure he understood everything he needed to know, and allowing him time to discuss it with his family, we rejected their offer. We called their bluff. The prosecutor dismissed the entire case as soon as we told them we were going forward.

Had my client not trusted me, he would have accepted the plea to misdemeanor probation — or worse. He would have been paying thousands of dollars in probation fees, treatment, and testing costs, plus the drug surcharge. He would have had to report to a probation officer. He would have had the prospect of jail time hanging over his head if he violated probation. Instead, the judge granted the prosecutor's motion to dismiss. In the hallway, we hugged — him, his mom, his dad, all of us. Instead of walking to the probation office, we went out for breakfast.

I recognize that being accused of a crime is the low point of someone's life. You are facing the possibility of a criminal conviction, jail time, and above all, the possibility of losing your dignity. Saying we understand is easy. Showing the client we understand takes more time. It is not only valuable — it is necessary to get the best results. If you are accused of a drug felony or any crime, call us. We will listen. We will build trust together. We will have a united front. You will not regret it.

Legal Disclaimer: This article is provided for general informational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship. Every legal situation is unique. If you have questions about your specific circumstances, contact The Savela Law Firm, P.C. directly.

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