Week Recap: 30 Days on a State Jail Felony, A Dismissal, A Motion for New Trial, Two Special Prosecutors

I had a pretty successful week on the job.  First, I had a client charged with possession of a controlled substance.  It was a case that was never going to be dismissed.  Not only was there a good stop, but my client told the magistrate at his bond hearing, on video, that it was all his drugs and not his girlfriends.  The first offer was 120 days or two years deferred, 12.44(a).  12.44(a) means that a defendant pleas to a felony but does it in county jail on county time, meaning it the defendant usually gets 2 for 1 time, but still gets a felony convictions.  Over the course of three settings, I was able to negotiate the deal down to 30 days, credit for time served, and his girlfriend's case was dismissed.  How did I get such a good deal?  Well, the prosecutor was reasonable, and I told a story, a true story, about my client's girlfriend being pregnant, and she can't support herself if he is locked up, and that he would most likely fail on a deferred adjudication.

Then, on Tuesday, I had a conference call with some big shot attorneys in London, England regarding an international soccer matter.

Wednesday, I wrapped up a motion for new trial, then submitted it on Thursday.  Also on Thursday, a I got a possession of marijuana case dismissed. My client was in a car with three others when they got pulled over for driving the wrong way on a one way street.   The driver and two other passengers admitted that they had weed in their possession. My client played it smart, like I hope you will if you ever get pulled over, and exercise your right to remain silent.  The police found a smoked blunt and grinder under his seat.  The ADA would have had a very difficult time tying the weed to my client, in other words, it was an "affirmative links" case.  In a drug or weapon case, the ADA has to link the defendant to the contraband, and there is a list of about 20 facts and circumstances that affirmatively link a suspect to the contraband.  Case dismissed, and my client gets to continue his college education. 

On Friday, I had a pretrial conference on a another marijuana case.  The ADA was leaning towards dismissing, then we went before the judge and and he decided to call his cops.  Of course, his cops changed their story, and the ADA thinks he has a winnable case now.  Time to prepare to TTSTT and hopefully win a motion to suppress or get a not guilty verdict.  

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