Drug Possession [Dallas]

Case Dismissed

Mr. Fultz was arrested on June 5, 2019, in a car in a Mesquite apartment complex parking lot. At book-in, a jailer alleged heroin was found on his person so he was also charged with felony drug possession.

As is common in Dallas County, the TX DPS lab tasked with testing the alleged heroin took its time. Having seen this drill many times, Haslam quickly demanded a speedy trial by written motion. Twice.

With no drugs proved up by a lab, the prosecutors couldn’t take the claim to a grand jury for indictment. After 24 months passed, Haslam filed a motion to dismiss for denial of Scotty’s right to a speedy trial. Like clockwork, the prosecutor who had sat on the case pawned it off to another lawyer in another trial court. Like clockwork, they got the lab report and an indictment. Too late.

The second prosecutor did her best to salvage the case from the first lawyer’s indifference, but Haslam insisted on a hearing on the motion to dismiss. Ten minutes before the hearing, the prosecutor dismissed the case and the court waived all Scotty’s court costs.