Lexie Stein of Keller Law Offices received a dispositional departure for her client charged with 2nd degree possession of a control substance in Washington county, Minnesota. Ms. Stein’s client was facing a 48-month presumptive commitment to prison. The county attorney in the case refused to offer anything lower than the 48-month prison sentence. Ms. Stein then entered into a straight plea for her client and argued for a dispositional departure at the time of sentencing. A straight plea means that the county attorney and defense have no agreement in place. The judge will then determine the sentence in the case. After a sentencing brief was filed and oral arguments were made to the judge, a departure was granted. The Washington county judge agreed to depart from the Minnesota sentencing guidelines and sentenced the client to only 160 days in the local jail with a stay of imposition after 5 years. The client avoided a lengthy prison sentence and a permanent felony on his record. A stay of imposition means that after probation is completed, the felony turns into a misdemeanor conviction rather than a felony.
Ms. Stein was able to show the judge that it was appropriate to depart from the sentencing guidelines and was able to show substantial and compelling circumstances for the departure. Durational departures rather than disposition departures may also be argued to the judge. A durational departure means that the length of prison time can be argued which can be either aggravated or mitigated. Contact Keller Law offices to hear about the new 2016 sentencing guidelines, which changed the sentence for a controlled substance crime in the 2nd degree to a 48-month presumptive stayed sentence. Many changes have been made to the drug sentencing guidelines in 2016, which will make a big difference in your case.
If you have been charged with drug possession or any controlled substance offense you will need a criminal defense attorney in Minnesota. Second and first-degree drug possession cases are very serious and may lead to a prison sentence. Contact Lexie Stein or Max Keller to represent you in your case. Lexie Stein and Max Keller offer free consultations for all potential clients. Call a defense attorney to ensure you do not make statements to investigators before discussing your options with an attorney. Having an experienced attorney who handles complex sentencing issues may be crucial in your case. Having an experienced sentencing attorney may make all the difference in the world when looking at a lengthy prison sentence. Contact 952-913-1421 or visit the firm’s website at www.kellerlawoffices.com. The attorneys will always be available to speak to you about your case.