HTO DWLS
    Case Number : 2021-CF-002816-AXXX-XX
    County : Lake

    Client arrested and held in custody after being caught driving while out on pretrial release for HTO Driving while license suspended charge. Drugs in car and client tased, so charged with “Posession of Fentynol, HTO DWLS, and resisting without violence. Client seriously hurt from prior car-accident. State offered 18 months prison. Reviewed body camera videos and established that there was no resisting without violence, and second person in car made possession of fentynol charge unprovable. Pointed this out to the prosecutor, whom I knew. ASA dropped the possession and resisting charges on a bench plea to HTO DWLS (which they could prove) and the State argued for 18 months incarceration, pointing out to the judge large number of incarcerations (including prison) on driving offenses, plus violated pretrial release on a driving charge with another. I arranged for PD to resolve their case at the same time (so that client was exposed to sentencing twice) and pointed out that prior incarcerations were mostly credit for time served, that the client had to work, that he was injured as a passenger from a car accident that wasn’t his fault and could no longer work.so driving was no longer an issue, and that he could go get his driver’s license– all suspensions were old. Judge sentenced to six months jail followed by 4 years probation on all cases with credit for 45 days time served, so client has about 4 months left to do (with gain time) before beginning probation. Considerably better than 18 months prison (or jail) offer, though straight probation would have been preferable.

    Date Resolved : NOVEMBER 2021
    OUTCOME: REDUCED
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