A client with a long criminal record was arrested in a vehicle with a large quantity of drugs. S/he was charged with:
21a-279(a)(1) POSSESSION OF A CONTROLLED SUBSTANCE
21a-277(b(2A* POSSESSION WITH INTENT TO SELL
21a-278a(b) CONTROLLED SUBSTANCE WITHIN 1,500ft OF A SCHOOL
14-12(a) FAILURE TO RENEW REGISTRATION
The middle two charges were felonies, which means they came with sentences of more than a year incarceration, and up to an eighteen year maximum sentence.
Judges may go gently on first-timers, but this individual was not a first-timer.
Moreover, some crimes are “85%” crimes, and some are “50%” crimes, meaning that for a sentence of a certain period of time, some require the incarcerated person to serve 85% of the time before being released, while others require that just half the time is served.
The particular count of Possession with intent to sell was an 85% crime.
The client has originally gone with another attorney, and came to me after the other attorney told him/her to take an offer the client thought could be better.
It pays to have productive, respectful relationships with State’s Attorneys, and I was able to negotiate a different Possession charge, which dropped it to a 50% crime, saving my client sixteen months incarceration—sixteen that would have been served had the client stayed with the original attorney.
This happened in 2023.
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