Drug Charges Calling for Three Years Prison Sentence Reduced to Stay of Adjudication
Mike Brandt’s client was charged with felony Possession of a Controlled Substance after a search warrant was executed in his home, during which they found a loaded firearm located close to the drugs. Because of a statute that requires a mandatory sentence of three years in prison when there is a firearm near drugs, Mike’s client was looking at a potential sentence of three years in prison. In preparation of the case, Mike filed motions to attack the search warrant. Specifically, he attacked the truthfulness of certain statements made by the police officer to the judge who issued the search warrant and also brought a motion to disclose the identity of the Confidential Informants. Mike also had his client obtain a chemical use assessment to show that he was not addicted to drugs and that he was willing to comply with whatever directives the Probation Department might give him.
Based upon all of that information, the prosecutor agreed to a negotiation whereby Mike’s client entered a plea, but the Judge did not accept the plea. Rather than accepting the plea, the Judge stayed adjudication of the matter, which means that as long as Mike’s client complies with the conditions of his probation, the charges will be dismissed. At that point, Mike’s client will have the ability to have the records from the case sealed through a process called an Expungement.