Case Conclusion Date: 01.23.2012
Practice Area: Criminal defense
Outcome: Open Plea
Description: Client was charged with two separate Operating After Habitual Motor Vehicle Offender (HO) misdemeanor charges and one count of violating a condition of release. Each HO carries a mandatory minimum sentence of 30 days and $500 fine none of which can be suspended. We did not have an agreement with the prosecution who wanted 90 days in jail and $1,000 in fines. The facts of the cases did not lend themselves to a trial and my client decided to plead open throwing himself upon the mercy of the court. We were able to convince the court to impose a sentence of 35 days concurrent on all counts and a $1,000 fine. Considering the nature of the evidence against my client, the client's six prior Operating After Suspension convictions, the commission of a new HO while out on bail for an HO, and the mandatory minimums I feel this was an excellent resolution.