People v. C.B. (Ontario Co. 8/19)

MR. CORLETTA SAVES DISABLED CLIENT FROM POTENTIAL STATE PRISON SENTENCE

In an extremely challenging case where the client was afflicted with cancer of the larynx resulting in the removal of the voice box and inability to communicate at all, Mr. Corletta, through vigorous advocacy, kept his disabled and weakened client out of state prison in People v. C.B. (Ontario Co. 8/19).

In notoriously strict Ontario Co, the client was on three separate terms of probation, two for DWI.

Mr. Corletta represented his client in the underlying cases, and negotiated sentences of probation on the DWI charges in 2 separate counties, as well as on a more serious weapons charge.

However, the client was a severe alcoholic, and despite not having the ability to communicate and/or swallow, was still consuming alcohol, resulting in 3 separate probation violations.

Through vigorous advocacy, Mr. Corletta not only got his client out of jail, but induced the Court to enlarge the conditions of probation to allow the client to seek help through the county that would not ordinarily have been available, given the client's health insurance circumstances. Mr. Corletta was successful, got his client out of jail, and restored to probation.

A state prison sentence would have been a virtual death sentence due to the client's weakened condition and constant health-related needs, which included a feeding tube. Mr. Corletta obtained hundreds of pages of medical records from the client’s doctors, detailing the client's condition. He was able to convince the Court the client's condition was unique and the client was not a public safety risk, as the client had no car and was confined to home.

Notwithstanding the zealousness of probation officials in wanting to get the client “off their books”, Mr. Corletta was able to convince the Court that the humane thing to do was to keep the client on probation, and to increase services.

The client’s medical prognosis is certainly bleak. The client however, was quite grateful the serious chronic condition they had would not have to be addressed in a state prison setting.