Dudley Negotiates All Felony Charges to be Dismissed in Exchange for One Misdemeanor

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.

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