Mike Brandt’s client was charged with felony First Degree Burglary for breaking into a garage and ransacking a car. Because the garage was attached to a house and was occupied by the residents, it resulted in a felony charge which had a maximum penalty of up to 20 years in prison. The entire situation was caused by Mike’s client’s addiction to drugs and the incident occurred when he was in a very bad drug-induced situation.
Despite the fact that Mike had provided the prosecutor with voluminous documentation showing that his client had entered into inpatient treatment, had a great deal of family support, and was not a risk to the community, the State would not negotiate. Mike felt that his client was a good candidate for a judge to do what is called a “departure from the sentencing guidelines” to reduce the charge to a gross misdemeanor. Mike’s client entered a plea, and in preparation for the sentencing Mike brought a motion for a departure and submitted a motion and memorandum. Mike also provided a great deal of information to the judge about the progress in treatment his client had made since the incident occurred. Based upon all of those factors, the judge granted Mike’s motion and sentenced his client to a gross misdemeanor sentence, which resulted in Community Work Service and two years of probation. Additionally, because of the way the judge sentenced the matter, Mike’s client will be eligible to have the record expunged (sealed) after a waiting period.