Tough Sentencing But Another Good Week

It was another productive week for The Law Office of Robert C. LeBrasseur, PC. I had one client undergo a polygraph examination. I hope to do a post in the near future regarding polygraph examinations and how they can be a useful tool for criminal defense attorneys and their clients. One client was in court on a motion to revoke probation. This client had numerous prior motions to revoke probation that resulted in substantial jail time. We were able to convince her probation officer and the prosecutor to allow her to admit to the motion to revoke her probation for no sanction. This means she did no further jail time but her period of probation was extended. I also had a tough sentencing in a case where a client was facing felony and misdemeanor allegations. This client had a substantial criminal history which resulted in the prosecution recommending a sentence of 5 years straight. The facts of the case were stacked against my client making the prospects of trial unappealing. Ultimately, my client decided to plead guilty without any agreement from the prosecution as to what the appropriate sentence should be (“open plea”). We argued that the court should impose a nine-month sentence on the misdemeanor allegations and five years with all but 6 months suspended and 3 years of probation on the felony matters consecutive to the misdemeanor matters. By suggesting to the court that the sentence should be structured this way we were hoping to keep my client at the Cumberland County Jail. A sentence of 9 months or less on a felony manner is served at a jail and a sentence of 9 months and one day or more is served at the prison. Ultimately, the court imposed a sentence of 5 years with all but 15 months suspended and 3 years of probation on the felony matters and a current 6 months on the misdemeanor matters. It is my belief that this was a wonderful resolution considering my client’s criminal history and the facts against him. I had other various court hearings and client meetings as well. I hope everyone has a wonderful upcoming week!

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