Sometimes you have cases where many facts go against your client. But, if you know the law, the court, and the District Attorneys, sometimes you can work out a negotiation that is fair and just...
Tustin, CA (PRWEB) May 03, 2013
A Wallin & Klarich client was recently able to avoid a possible 10 year prison sentence after being charged with possession with intent to sell oxycodone while he had two strikes on his record. The client was represented by experienced California criminal defense attorney Daniel S. Moffatt, who negotiated with the District Attorney to get the client a jail sentence, as opposed to a prison sentence, which allows for the client’s release from custody very soon.
“Sometimes you have cases where many facts go against your client. But, if you know the law, the court, and the District Attorneys, sometimes you can work out a negotiation that is fair and just, even if the reading of the law would indicate that the client’s future could be very bleak,” said Mr. Moffatt.
According to court record from Orange County Central Justice Center, the client was arrested after he was found to be in possession of oxycodone with the intent to sell, which is a crime pursuant to California Health and Safety code section 11351. The client had two strikes on his record and was charged with a sole count of possession with intent to sell oxycodone. As a result of the charges and the strikes on the client’s record, the client faced a 10 year prison sentence.
Mr. Moffatt spoke to the “strike team” District Attorney and provided the District Attorney with the facts of the case. Mr. Moffatt also provided evidence of the good qualities the client had in his favor according to court documents. As a result of the discussion, Mr. Moffatt was able to convince the District Attorney to dismiss both the strikes and allow the client to serve a local jail sentence instead of being sent to prison. This result was very rare given the circumstances of the case. The client had previously spent time in prison, which made it unlikely that he would get such a lesser sentence in this case.
In addition, prior to speaking with the “strike team” District Attorney, Mr. Moffatt had been offered a three year prison sentence deal for the client, which was much less than the original 10 year sentence according to court record. Mr. Moffatt spoke to the public defender who said that a three year prison sentence was a good deal given the circumstances of the case and that the client should take it. However, with the client’s best interests in mind, Mr. Moffatt proceeded to negotiate with the District Attorney which ultimately resulted in the client getting an even lesser jail sentence. Mr. Moffatt’s efforts significantly reduced the client’s sentence, and the client will be released from custody very soon.
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About Wallin & Klarich
As a premier criminal defense and family law firm based in California, Wallin and Klarich ( http://www.WKFamilyLaw.com) has been assisting clients from across the country for over thirty years. The firm believes that every person is entitled to the highest quality legal assistance when it comes to facing difficult situations and has committed all of its resources to aggressively defending its clients. The firm has established itself as one of the most successful in the nation when it comes to defending against charges of DUI, criminal matters and sex crimes, and is acknowledged for successfully handling divorce and child custody cases. By making certain that our clients’ legal rights are always protected, we take the “fear” out of the legal fight.
Wallin & Klarich: A Law Corporation
17592 Irvine Blvd
Tustin, CA 92780