Mandatory Sentence Reduced by 12 Years on Drug Trafficking Charge

Client Faces 225 to 279 Month Mandatory Minimum Sentence if Convicted; Pleads to Lesser Charge for 70 Months Minimum

State v. L.

00068

The Charges

The client was charged with Trafficking in Opium or Heroin by possessing 28 or more grams of Fentanyl, an opiate, as well as Felony Maintaining a Place to Keep Controlled Substances.

The Client’s Possible Sentence

Drug Trafficking offenses are punished outside of the normal sentencing statutes and are punished according to special rules specific to drug trafficking crimes. In drug trafficking offenses, there is no probation and all sentences are active imprisonment.

Based upon the amount of Fentanyl involved, upon conviction, the client faced a mandatory sentence of 225 months to 279 months in the Department of Adult Corrections. This is the maximum amount of imprisonment for any drug trafficking offense under North Carolina Law. In addition to imprisonment, the client faced a mandatory fine of $500,000.00, which is, again, the maximum fine for any drug trafficking offense under North Carolina Law.

In addition, the client was charged with Felony Maintaining a Place to Keep Controlled Substances, a Class I Felony, but was a Level I for felony sentencing purposes, meaning that the client could only receive a probationary sentence for this offense based upon his lack of a criminal record. For this client, the primary concern was the Trafficking charge which was totally maxed out.

This case was complicated because the client gave a full confession to law enforcement investigators after his arrest and the seizure of the controlled substances.

Results Obtained

Mr. Byers negotiated an agreement with the District Attorney which allowed the client to plead guilty to a lesser drug trafficking offense and which reduced the client’s prison time considerably.

Under the terms of the plea, the State dismissed the charge of Felony Maintaining a Place to Keep Controlled Substances. The client pleaded guilty to Trafficking in Opium or Heroin to the reduced Class F level and received a 70-84 month active sentence in the Department of Adult Corrections.

The plea agreement negotiated by Mr. Byers saved the client an additional 155 months, minimum, of imprisonment which is 12.9 years of the client’s life.

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