Alec Waid’s client was arrested for Felonious Possession of a Firearm, DUI, and Resisting an Officer without Violence. The State charged the Firearm charge with a three-year minimum-mandatory prison sentence. Making matters worse, Alec’s client was on probation for a DUI in another county when he was arrested for the new charges in Pinellas.
Typically, the client would have been put in custody on a zero bond because of the probation violation. It is also typical for prosecutors to not negotiate away from a prison sentence when a minimum-mandatory charge is picked up while a client is on probation.
However, Alec acted fast and got the client admitted to an inpatient treatment program before the out-of-county judge revoked his bond on the probation violation. Because the client did well in the treatment program, the Judge agreed not to take Alec’s client into custody.
That left the issue of helping the client avoid prison time on the new felony charges in Pinellas County. Through depositions of the officers, Alec was able to identify three viable constitutional violations that could lead to all of the evidence being suppressed in the new charges. After being presented with that information, the Pinellas State Attorney’s Office agreed to reduce the client’s felony charge to a misdemeanor, have the client sentenced to just 12-months of probation, and waive the mandatory prison and jail sentences on the charges. The State also agreed that, if the client does not violate probation, he could terminate probation after just six months.
EXPOSURE – Mandatory Three-Years in Prison up to 15-years and a felony conviction
RESULT – Misdemeanor Probation
Alec now brings his talents as an aggressive trial attorney to Battaglia, Ross, Dicus & McQuaid where he is focused on representing individuals and businesses in civil matters as well as defending those facing criminal charges.
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