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Downward Dispositional Departure Granted

CASE TYPE: 5th Degree Possession of Controlled Substances

RESULT: Downward Dispositional Departure Granted

Earl’s client was charged with 5th Degree Possession of Controlled Substances after he was arrested at a casino on a warrant and methamphetamine was found in his wallet. The case was as open-and-shut as they come. To make matters worse, Earl’s client had a horrible criminal history such that this low-level drug crime was a presumptive prison sentence.

This case started in 2016 and went on for over two years. During that time, Earl’s client kept in contact, for the most part, with his probation agent and seemed to be putting himself in a great position for a downward dispositional departure (probation instead of prison).

After going more than two years without an additional criminal charge, one week before sentencing on this case, Earl’s client was arrested on charges of Driving After Cancelation – Inimical to Public Safety, and Possession of Brass Knuckles. The incident leading up to the arrest included allegations that could be charged as Felony Fleeing Police.

Earl knew he had an uphill battle in getting his client probation even before his recent arrest. After the arrest, Earl’s client’s chances were abysmal. Despite the odds, Earl pressed on and made the argument that his client was still deserving of probation and should not be sent to prison.

After extensive arguments by Earl, and extensive opposition from the prosecution, the Court found, in spite of Earl’s client’s difficulties, that he was still deserving of probation. Thanks in part to Earl’s arguments at sentencing, his client was placed on probation instead of being sent to prison for 24 months.