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People v. Anonymous (County Court, 7/2019)

 

Mr. Corletta helps drug addicted client avoid State Prison sentence.

 

          Representing a drug-addicted criminal Defendant is not easy. In a rural county case where the client faced multiple sales and possession charges for several types of controlled substances, as well as marijuana, Mr. Corletta, by aggressively pursuing a “Drug Court” disposition that the Court did not want to approve, achieved a favorable plea and sentence promise of probation for his young client in People v. Anonymous (County Court, 7/2019).

 

          In that case, the client had extreme narcotics addiction to multiple substances, including marijuana, and was in drug treatment therapy and counseling for several years with uneven results.

 

          The client was charged with sales and possession after making several small hand-to-hand sales of narcotics to undercover police officers at a local festival known for drug use.

 

          Painstakingly analyzing the facts and applicable law, Mr. Corletta quickly realized litigation, due to the multiple charges, would probably not be successful, and would be extremely costly and risky, as the client faced a potential 9½ year sentence in state prison.

 

          Mr. Corletta therefore argued, based upon the facts, that the client's alleged crimes were the direct result of narcotics addition, which mandated “Judicial Diversion” to Drug Treatment Court under a particular section of the Criminal Procedure Law, with a possible misdemeanor disposition if successful. The rural District Attorney vigorously opposed the motion, arguing the alleged sales did not entitle the client to participation in Drug Treatment Court. Mr. Corletta argued his client’s alleged crimes were entirely driven by addiction and the client was not selling large amounts of drugs, but only amounts necessary to fund the addiction. This was largely undisputed and opposed only by rank speculation. Mr. Corletta also supported his argument with controlling caselaw.

 

Rather than address the potential legal and factual issues involved, which were meritorious and clearly showed the crimes were caused by addiction, the Court and District Attorney consented to a favorable plea bargain to a low grade felony with probation, thereby completely avoiding a potential lengthy state prison sentence. The client can still continue to get the drug treatment help needed under the auspices of probation, giving the client a second chance at a productive life.

 

In this instance, Mr. Corletta’s knowledge of the law and persistent pressure on the District Attorney resulted in a more favorable plea bargain than could have ordinarily been obtained. The client can also move to “seal” the low grade non violent felony conviction after the passage of 10 years.

 

Overall, a favorable result was achieved for the client while ensuring the client has an opportunity to rehabilitate and continue to obtain the help needed to overcome drug addiction, all while staying out of jail.

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