Commonwealth v. R.T.

Defendant was charged with felony possession with intent to deliver narcotics and drug charges. Police alleged that they observed R.T. with a clear baggie in his hand, holding small items that he was about to give to an unidentified male. After police approached, R.T. allegedly fled and discarded a plastic baggie with 15 packets of crack cocaine weighing over 3 grams, which would have resulted in a mandatory 3-6 year jail sentence if convicted. However, the defense successfully argued that the police were engaging in speculation as to what R.T. was planning on doing with the objects and convinced a judge to remand the case on a misdemeanor charge of possession of a controlled substance.