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.
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.
Updated: Jan 14, 2024
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.