Case Conclusion Date: October 17, 2012
Practice Area: Criminal Defense
Outcome: Reached Settlement During Jury Trial.
Description: Client faced Burglary Second Degree, a Class B felony, and Theft Second Degree, a Class C felony, and Assault Fourth Degree DV, a gross misdemeanor. Prosecutor offered dismissing the Theft charge if client pled guilty to Burglary and Assault. Client rightfully refused plea offer. We sought trial on the Assault charge. On the day of trial, the prosecutor dismissed. Consequently, the Prosecutor vowed to seek trial on the remaining Burglary and Theft charges from Superior Court. Client's exposure was 3-8 months jail. During trial, we reached a settlement agreement: dismiss the felony Theft and plead guilty to the Burglary with 2 months jail. At sentencing, the Prosecutor argued against the "Work release" jail alternative, which allows clients to continue their full-time jobs and report to jail between shifts. Despite the prosecutor's recommendation, we successfully persuaded the judge to grant work release.