Client was charged with a felony of the fifth degree for possession of heroin.
Client claimed that the pants he was wearing were not his and actually belonged to the driver of the vehicle they were stopped in. Client was adamant about the pants not being his and that he did not know about the drugs in the pants pocket.
Through a discovery request, Counsel for the defendant received taped audios where the defendant continued to claim that neither the pants nor the drugs were his and that he was actually wearing shorts underneath the pants. The Defendant claimed that he put on the pants because he became cold on the day of the incident.
After several status conferences with the Prosecutor and the Judge, the defendant received a plea offer of Attempted Possession of Heroin, a misdemeanor of the first degree carrying a maximum possible sentence of six months on the day of Trial. The Defendant was sentenced to 60 days incarceration at the county jail with work release privileges.
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