WILMINGTON, NC - A Wilmington criminal defense attorney of Roberts Law Group, PLLC, used an effective negotiating strategy to reduce a mandatory 12 month Driving While Impaired sentence down to 30 days, which could be served on weekends.
The facts of the case were as follows: In 1993, the client was pulled over for suspicion of Driving While Impaired after she was observed weaving in her lane of travel several times. The client was facing charges of Felony Habitual Driving While Impaired and Driving While License Revoked. The case involved three grossly aggravating factors, one aggravating factor and no mitigating factors.
Since the arresting officer from 1993 was still an active duty officer with the police department, the State had the testifying witness it needed. During his discussions with the Assistant District Attorney, our defense lawyer emphasized the difficulty the officer would likely have testifying as to the specifics of an arrest that occurred nearly 20 years ago. The inability to recall the specifics that would have supplied the probable cause for the arrest potentially diminished the State's case. As a result, our defense attorney negotiated a plea bargain with the assigned Assistant District Attorney (ADA) that allowed the client to plead guilty to Misdemeanor Driving While Impaired and a dismissal of the Driving While License Revoked charge. Under the terms of the plea, the client was sentenced to 30 days, to be served on weekends in the client's home county, which is a substantial reduction down from the mandatory 12 month sentence and felony conviction.
The success in this DWI case was directly attributed to the Wilmington defense lawyer's ability to get to know the client, as well as understand the obstacles the State would face if the case were to proceed to trial. The attorney's ability to convey his client's current circumstances coupled with knowledge of what the State would have to prove at trial allowed the defense lawyer from Roberts Law Group to obtain a very favorable result for the client.
"When preparing a case for trial, it is not always about the defenses in the case; sometimes it is beneficial to take a step back and highlight the elements of the alleged crime the State will have difficulty proving," noted the Wilmington defense lawyer from Roberts Law Group.
DISCLAIMER: The cases, facts and outcomes discussed in this press release are illustrative of the matters handled by the firm. Actual case results depend on a variety of factors unique to each case. Not all of the firm's case results are included on this site. The outcome of a particular case cannot be predicated upon a lawyer's or law firm's past results because prior results do not guarantee a similar outcome.
For more information about Roberts Law Group, PLLC, please visit our criminal defense website and criminal defense blog. Our North Carolina law firm defends against sex crime charges, DWI charges and abuse charges, among others in New Hanover County and throughout the state. Please contact the law firm or call 866-630-2389 for a free consultation. Roberts Law Group, PLLC, can also be followed on Facebook at facebook.com/nc.criminal.defense.
North Carolina v. J.S.
Accusation: Indecent Exposure
Potentially Facing: 30 days in Jail
Result: Case Dismissed
Roberts Law Group acted quickly, meeting with the DA’s office to mitigate on behalf of their client, who had no prior criminal history. The Defendant had cooperated fully with the officer. At defense counsel’s prompting, the ADA spoke with his Law Enforcement Officers and determined that Defendant had been through enough already. Dismissed on the first court date.