In P. v. K.P., the defendant, who had owned an after-hours nightclub, was charged by local authorities with violating several city ordinances, all misdemeanors, in relation to the operation of that club. The defendant’s initial attorney advised her to plead guilty to one of those charges and accept county jail time as a condition of probation. The defendant then decided to hire Mr. Dudley for the purpose of negotiating a better disposition. After presenting the city prosecutor with two important mitigating circumstances which prior counsel had not brought to her attention, the prosecutor agreed to dismiss all the misdemeanor charges and allow the defendant to plead no contest to a minor infraction, with the imposition of court costs as the only penalty.
In P v. M.E., the defendant, who had both a prior felony strike conviction for attempted murder and a prior felony conviction for drug trafficking, was arrested and charged with possessing over 20 pounds of marijuana seized from a large box he had personally delivered to a UPS store and from an apartment a few miles away from that store. After his arrest, the defendant confessed to DEA task force officers that the marijuana in the residence belonged to him and that he had brought the package to the UPS store with the intent of transporting it to another state, namely West Virginia. Because of that confession, because of substantial surveillance evidence, and because of the extensive amount of state prison time the defendant was facing due to his prior attempted murder conviction–over 12 years, 85% actual time–the defendant’s first lawyer advised him to accept a plea bargain for 32 months at 85%. Rather than take that deal, the defendant decided to hire Mr. Dudley. Recognizing certain improprieties with the manner in which the UPS box and the apartment were searched, Mr. Dudley filed a motion to suppress evidence. After reading that motion, the prosecuting attorney conceded that there was a substantial likelihood that it would be granted. As a result, the prosecutor agreed to dismiss all the felony charges in exchange for the defendant’s no contest plea to one misdemeanor which carried no jail time and no other penalties.