Updated: Jan 14, 2024
A Class D Felony Aiding & Abetting Armed Robbery Charge Was Dismissed after Defense Counsel Requested Missing Discovery before Considering Plea Offer
State v. K.
00469
THE CHARGES
The client was charged with Felony Aiding & Abetting Armed Robbery (a Class D Felony).
THE CLIENT'S POSSIBLE SENTENCE
The client was a Prior Record Level I for felony sentencing purposes and faced a presumptive active sentence ranging from 51-74 months to 64-89 months in the State prison system upon conviction. If the sentence had been aggravated at sentencing, then the client’s active term of imprisonment ranged from 64-89 months up to a maximum of 80-108 months.
RESULTS OBTAINED
The client was granted pretrial release on the charge prior to the involvement of legal counsel. Once involved in the case, Attorney Byers filed a motion for discovery in order to obtain a copy of the law enforcement investigation files in the case. Discussions occurred between the State and defense counsel about a possible guilty plea to a lesser charge, but defense counsel would not advise the client to consider any possible resolutions without first being provided the evidence in the case and being able to evaluate that evidence and advise the client accordingly as to what was in the client’s best interest.
After more than three years, the charges against the client were voluntarily dismissed. The officer failed to provide the District Attorney’s Office with the information required to be given to the defendant pursuant to the discovery statutes.
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
Guilty Plea to Class G Felony Results in Probation and Dismissal of Drug Charge
State v. R.
00301
THE CHARGES
The client was charged with Possession of Firearm by Felon (a Class G Felony) and Felony Possession of Methamphetamine (a Class I Felony).
THE CLIENT'S POSSIBLE SENTENCE
On the Firearm by Felon charge, the client was a Prior Record Level III for Felony Sentencing exposing the client to a
possible active sentence of from 13-25 months to 17-30 months in the presumptive range. 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 of Methamphetamine charge, the client faced an Intermediate sentence which consists of the punishment as described above. The presumptive sentence which would be suspended ranged from 5-15 months to 6-17 months. If the sentenced had been aggravated, then the client faced an aggravated suspended sentence of from 6-17 months to 8-19 months.
RESULTS OBTAINED
The client pled guilty to the Possession of Firearm by Felon charge. The State dismissed the Felony Possession of Methamphetamine charge in exchange for the client’s guilty plea. There was no agreement as to sentencing as the State had sought an active sentence of 10-21 months and that offer was rejected. At sentencing on the Firearm by Felon charge, Attorney Byers argued for a sentence of probation with no period of imprisonment based upon the facts of the case and the court found that argument to be persuasive. The client was placed on supervised probation with no additional imprisonment with regular terms of 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.
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.