A federal indictment accused Mr. Khojayan’s client of conspiracy and possession with intent to distribute narcotics. If convicted, his sentence would include a mandatory minimum sentence of 10 years in prison. Upon receiving the indictment, Mr. Khojayan noticed issues with the timing of the arrest and began investigating possible motions to fight the case. The indictment alleged that the client’s conduct occurred on one date, August 23, 2017, and did not continue past that date. On that date, law enforcement arrested him and seized evidence against him. They then released him with a promise that they would come back for him the following week. (Law enforcement often does this to follow suspects to see who they visit, to gather more evidence and arrest more suspects). However, in this case, law enforcement did not return until 6 years later to arrest him on the indictment that they had secured in 2019. The client had no idea about the indictment until his arrest on it in 2023. Worse, the magistrate judge had ordered him detained without bail because of the charges.
[ Click links to open or download PDF copies of the filed SECURES DISMISSAL OF FEDERAL CONSPIRACY AND POSSESSION CHARGES . ]
With the help of his investigator James Gollaz, Mr. Khojayan gathered evidence of his client’s whereabouts since his first 2017 arrest and release. The defense located the daughter’s school records that showed that the client had continued living openly on the same street since his first arrest in 2017. He had not moved away or fled. Mr. Khojayan then drafted a motion to dismiss the case based on violations of the Sixth Amendment Right to a Speedy Trial, Statute of Limitations and Due Process and shared it with the prosecutor. He also shared with the prosecutor the evidence of the client’s whereabouts during these years that supported the idea that law enforcement could have found the client earlier with more diligent effort. In response, the prosecutor agreed and, with her supervisors’ approval, filed a motion dismissing the case. Shortly thereafter, Judge David O. Carter signed the order dismissing the case and releasing the client forthwith.
