Violation: Possession of Schedule II for Resale In School Zone – Class A Felony
Facing: Mandatory Minimum Sentence of 15 Years, plus fines and probation
Result: 10 days to be served on weekends and misdemeanor conviction only.
Additional Details: Client is a hard working man with a family. He works full time but after a few weeks of indulging in a drug addiction, while still working his job and getting little or no sleep at night, he is discovered by local police asleep in the parking lot of school closed for the summer. In his car is several grams of a schedule 2 narcotic, cocaine. What appears initially to be what would have been a charge of simple possession of a controlled substance for personal use, turns into a charge of Possession of a Schedule 2 Drug for resale while in a School Zone. While possession of schedule two drug for resale is a serious class B felony, the application of the school zone enhancement turns the otherwise 8 to twelve year sentence, which carries the possibility of probation, into a class A felony (the same as second degree murder), with no possibility of probation, with a mandatory minimum sentence to serve of 15 years , if convicted. After a lengthy investigation revealing the likelihood the government might fail in proving the essential element that the drug was for resale as opposed to possession for personal use, the Defendant receives 10 days to be served on weekends and misdemeanor convictions only. A strong pre-trial investigation and proper presentment of the facts to the prosecuting attorney, was the primary method utilized to provide the citizen accused with the best criminal defense possible. Client maintained his job, marriage and, due to suggested counseling. regains his sobriety. If you desire the zealous representation that resulted in the above results from the best criminal defense attorney, give us a call.