No Active Time in Trafficking Case

Drug Trafficking Charge with Mandatory Active Sentence Results in Pre-Trial Diversion and Probation, with Possible Dismissal

State v. L.

00118

THE CHARGES

The client was charged with Trafficking in Cocaine (28-199 grams), Felony Possession of a Schedule II Controlled Substance (2 counts), Speeding, Failure to Appear on a Misdemeanor, Misdemeanor Possession of a Schedule VI Controlled Substance, Misdemeanor Possession of Drug Paraphernalia, and Driving While Impaired.

POTENTIAL SENTENCE BASED ON CRIMINAL HISTORY

Trafficking in Cocaine (28-199 grams) - Class G Felony:  

35-month mandatory minimum active sentence up to a maximum of 55 months active in the N.C. Department of Adult Corrections, plus a fine of not less than $50,000

The Additional Charges:            

The client had no prior criminal record and the remaining charges were punishable primarily by supervised probation. The main concern was the Trafficking charge with its 3-year mandatory minimum period of imprisonment.

RESULTS OBTAINED

Despite the fact that alleged drug trafficking could be a disqualifying factor for a 90-96 discharge, a plea agreement was reached with the State which allowed the client to plead guilty to Felony Possession of a Schedule II Controlled Substance pursuant to North Carolina General Statute 90-96. In a “90-96 plea,” the court does not accept the guilty plea of the defendant and places the defendant on probation for a period of time and under terms which are in the court’s discretion. If the defendant does everything required of him/her on probation, then when the defendant returns to court at the next court date, the court strikes the plea and dismisses the charges against the defendant.

In this case, the defendant also pleaded guilty to Driving While Impaired with no agreement with the State (as plea agreements in DWI cases are not allowed in North Carolina) and was placed by the court on probation.

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