Charges Dismissed Due to Officer's Failure to Provide Information

A Class D Felony Aiding & Abetting Armed Robbery Charge Was Dismissed after Defense Counsel Requested Missing Discovery before Considering Plea Offer

State v. K.

00469

THE CHARGES

The client was charged with Felony Aiding & Abetting Armed Robbery (a Class D Felony).

THE CLIENT'S POSSIBLE SENTENCE

The client was a Prior Record Level I for felony sentencing purposes and faced a presumptive active sentence ranging from 51-74 months to 64-89 months in the State prison system upon conviction. If the sentence had been aggravated at sentencing, then the client’s active term of imprisonment ranged from 64-89 months up to a maximum of 80-108 months.

RESULTS OBTAINED

The client was granted pretrial release on the charge prior to the involvement of legal counsel. Once involved in the case, Attorney Byers filed a motion for discovery in order to obtain a copy of the law enforcement investigation files in the case. Discussions occurred between the State and defense counsel about a possible guilty plea to a lesser charge, but defense counsel would not advise the client to consider any possible resolutions without first being provided the evidence in the case and being able to evaluate that evidence and advise the client accordingly as to what was in the client’s best interest.

After more than three years, the charges against the client were voluntarily dismissed. The officer failed to provide the District Attorney’s Office with the information required to be given to the defendant pursuant to the discovery statutes.

PLEASE NOTE:    Each case is different and must be evaluated on its particular and unique facts. Prior results do not guarantee any future outcome.