• DUI Reduced to Reckless Driving and No Conviction

Prison Avoided for VOP Involving Multiple Drug Felonies

By |2023-11-01T09:08:29-04:00November 1st, 2023|Categories: Success Stories|Tags: , , |

My client has a long history of substance abuse. He gets sober for a while but seems to always have a relapse.

I started representing him in 2021 when he was stopped for DUI and the police found fentanyl, alprazolam, and paraphernalia in his car. I was able to avoid a felony conviction then and get him probation with drug counseling.

The second time that I represented him was when he was arrested again in 2022 for DUI, driving on a suspended license, possession of fentanyl, and possession of paraphernalia. The new charges violated his original probation and he sat in jail until I was able to get his case resolved. We found a sober living facility that would also allow counseling. He was released to the facility and successfully completed the program.

In 2023, he violated his probation again by testing positive for cocaine. He was held in the Pinellas County Jail while I handled the case.

The Case:
The prosecutor and the judge had had enough and wanted to send him to prison. The Judge wanted him to serve 3 years in prison. I was able to get a letter from his doctor showing that he had already reported the relapse and had received some treatment before the VOP hit the system. We basically begged the prosecutor to allow him to plead to the case and do county time rather than prison.

The Result:
The prosecutor agreed to let him serve 1 year in the Pinellas County Jail to resolve all of the cases. He did not have to get shipped to prison. The judge basically screamed at my client and said that he deserved 3 years in prison, but would honor our deal. It was a good result and my client was very happy. I just hope that my client is able to get his life fixed and off the drugs because it is ruining his life.

Sean McQuaid