Drug Charges Dismissed after Rejecting Plea

State v. S.

00661

The Charges

The client was charged with Possession of Selling Heroin (a Class G Felony) and Felony Possession With Intent to Manufacture, Sell, or Deliver Heroin (a Class H Felony).

The Client’s Possible Sentence

On the Selling Heroin charge, the client was a Prior Record Level III for Felony Sentencing exposing the client to a possible active presumptive range sentence 17-30 months.

If the sentence was aggravated, the client faced a possible active sentence of from 17-30 months up to 21-35 months. Upon conviction, the court could also impose an intermediate punishment which is a sentence that places the defendant on supervised probation which may include as a special condition a period or periods of imprisonment not to exceed one fourth of the maximum sentence of imprisonment imposed for the

offense.

On the Possession With Intent to Sell or Deliver Heroin charge, the client faced a possible active sentence of 10-21 months in the presumptive range. At a Level III, the client may also have been placed on supervised probation by the court, if convicted.

Results Obtained

The State made the following plea offer to the client: Plead guilty to both charges, the charges would be consolidated for sentencing into the higher felony, and the client would receive a 17-30 month sentence which would be suspended and the client would be placed on supervised probation. The client would be required to spend 30 days in jail and perform other terms of probation. On the advice of counsel, the client rejected the plea.

Two years and ten months after being charged, the State dismissed the charges against the client pursuant to “prosecutorial discretion.” The client was on pretrial release during that time.

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