State v. YM, La Paz County Superior Court

Charges: Transportation of Dangerous Drugs for Sale, Class 2 felony; Transportation of Marijuana for Sale, Class 2 felony; Possession of Dangerous Drugs for Sale, Class 2 felony; Possession of Marijuana for Sale, Class 3 felony; Possession of Dangerous Drugs, Class 4 felony; Possession of Marijuana, Class 5 felony; and Possession of Drug Paraphernalia, Class 6 felony.

Date: December 7, 2015

Outcome: REDUCED to Attempt to Transport Dangerous Drugs for Sale, a Class 3 felony

 Description: Client YM was stopped at a border checkpoint and found to be in possession of large quantities of marijuana, oxycodone and ecstasy pills.  To compound matters, YM had a prior felony conviction for the same type of offense.

Through extensive negotiations with the State, Ms. Castillo negotiated a plea agreement to allow YM to plead to one count of Attempt to Transport Dangerous Drugs for Sale with no agreements as to sentencing.  The State also agreed not to allege the prior felony conviction.  This means the sentencing Judge would determine YM’s sentence.  YM could receive probation or up to the presumptive of 3.5 years in prison.

At Sentencing, the Judge was persuaded to sentence YM to probation with an initial 4 months in jail.

Results depend upon factors unique to each case. Results in one case do not predict results in another case.