ARMED POSSESSION OF NARCOTICS FOR SALE / POSSESSION FOR SALE WHILE ON PROBATION
Sep 18, 2012OUTCOME: Six months of residential rehabilitation. Probation on BOTH cases. NOT A SINGLE DAY IN CUSTODY.
Mr. Bajaj’s client, a 22 year old young man battling a debilitating opiate addiction was arrested for Possession for Sale of Oxycodone, Transportation of Oxycodone, Transportation of more than 28.5 gra ... ms of hashish, Carrying a Loaded Firearm, and Possession of a Firearm by a Felon. The client was in possession of a semi-automatic handgun at the time. Being armed while in possession of a narcotic for sale carries a mandatory additional prison sentence. This is an allegation that the District Attorney’s Office does not routinely negotiate in regards to. In this case, Mr. Bajaj’s client was facing 5 years for the drug sales charge and an additional 5 years for the gun enhancement. To make matters worse, his client was already on probation for a drug sales arrest and was ordered to serve a mandatory 3 years in prison if he were to violate even once. The family came to the Law Office of Vikas Bajaj, APC after meeting with their attorney at the time, who informed them that the client would have to accept a plea carrying a prison sentence of at least 6 years. Mr. Bajaj began by reviewing all investigation reports for the most recent case. He received a multitude of documents that the prior attorney did not have; these were very important pieces of evidence. He move aggressively and reopened the prior case as well. It became clear that his client was losing the fight with drug addiction; Mr. Bajaj worked to prove that each criminal act was a direct result of his client’s drug addiction. He coordinated psychological and drug addiction evaluations so that the court would have a better understanding of his client. After many months of preparation and strategic negotiation, Mr. Bajaj was successful. He convinced the prosecutor to allow a negotiated plea only 1 of the 5 felonies with allegations that his client was facing. The court agreed with Mr. Bajaj’s argument that his client should not be sentenced to prison, or any custody for that matter.