Interviewer: Can you share a unique story about one of your victories in relation to drug charges?
Court: One of the clients that I’m most proud of was a man who was passing through Utah, stopped by police and was investigated for DUI. He had a very lengthy criminal history but he had gotten out of prison and he’d gotten himself straightened out. He had a clean record for some time.
If You Have a Prior Criminal History, Avoiding Criminal Behavior and becoming a Productive Member of Society Carries Weight with the Judge When It Come to Imposing a Sentence
He had done some methamphetamine and he was driving and was pulled over, investigated and of course they found drugs. They did a blood test and they found drugs in his system and they found drugs in his car so he had DUI, paraphernalia and drug possession charges for a couple of different drugs.
For someone who had done this for the first time there were some felony charges. Usually, a judge or a prosecutor would reduce down to a misdemeanor for somebody who had done it for the first time.
In his case it was almost as if he had done it for the first time; it had been so long since he had done anything wrong. But because of his past serious criminal history, the recommendation was really severe. It was a year-long jail sentence.
Having an Experienced Attorney at Your Side Is Vital to Avoid Facing Penalties That Are Unduly Harsh
Watching the prosecutor talking to the judge I made a number of arguments to present him in the best light that I could. I wanted to show the judge that this was indeed just a one-time mess up and he was a good guy and he was getting back on track.
He did all the actions that I talked about earlier. He did the treatment right away and he was being respectful to the judge and showing up for the court appearances at right time.
I had some of the friends come and testify, and I had some letters from his supporters to show that he had a job and he was back on track. He had been going for substance abuse meetings and doing substance abuse treatment and I got the judge to reduce the charges all the way down from a recommendation of 365 days in jail all the way down to, I believe it was 60 days in jail. He actually only served I think a couple of weeks before he was able to get out for good times as they call it.
Sometimes when you’re serving you don’t actually end up serving the whole sentence. When he was originally looking at a year in jail and he was just definitely going to through too much to deal with that. I was able to get the whole year in jail down to just a few weeks and he was really pleased. He was a good guy, he’s been doing really well ever since; I talk to him once a while and that’s one of the clients that I’m really proud of.
That’s one of those situations where you have a drug charge where there is nothing you can do about it in terms of getting to plead at trial or getting the charges dismissed. Nevertheless, it’s important to have somebody that knows how to get you the best sentence that you can get for your situation. Your attorney will help you avoid facing some penalties that you don’t deserve.