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.
Mandatory Active Sentence Was Avoided, Class D Felony Dismissed
State v. G.
00637
The Charges
The client was charged with the following offenses: First-Degree Burglary, Felony Attempting to Break and/or Enter a Building, Misdemeanor Carrying a Concealed Weapon, Misdemeanor Injury to Real Property and Misdemeanor Injury to Personal Property.
The Client’s Possible Sentence
The client was a Level I for felony sentencing purposes. The client faced a possible maximum sentence of 80-108 months incarceration on the First-Degree Burglary charge, a Class D felony. The client faced a maximum sentence of 8-19 months probation on the Felony Attempting to Break and/or Enter a Building charge, a Class I felony.
The client was a Level II for misdemeanor sentencing purposes. On the misdemeanor charges, the client faced the following sentences in the discretion of the court: a possible 1–45-day active sentence on the charge of Injury to Real Property, a Class 1 misdemeanor, and a 1–45-day probationary sentence on the charges of Carrying a Concealed Weapon and Injury to Personal Property, both Class 2 misdemeanors.
Results Obtained
Mr. Byers negotiated an agreement with the District Attorney prior to trial.
Under the terms of the plea, the State dismissed the charge of First-Degree Burglary. The client pleaded guilty to the remaining charges and the charges were consolidated into the remaining Class I felony charge. “Consolidation” as used here means that the sentences of the lesser charges were included in the sentence for the most serious offense which resulted in a single judgment for all offenses consolidated. The sentence was negotiated to be a 6-17 month suspended sentence with the client being placed on supervised probation under terms set by the court.
The plea agreement negotiated by Mr. Byers saved the client a possible maximum sentence of 80-108 months (6.6 to 9 years) and a minimum sentence of 38-50 months (3.2 to 4.8 years), both of which were mandatory active sentences under North Carolina law due to the seriousness of the offense.
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.