Probation Sentence Where Guidelines Recommended 5-10 Years in Prison

I just concluded representation of a client charged with possession of oxycodone with the intent to distribute, which under Maryland law carries a maximum penalty of 20 years in prison.  Due to the client's prior record, consisting of a robbery conviction and a felony drug conviction as well, Maryland's sentencing guidelines recommended a term of imprisonment between 5-10 years.

The facts of the case were fairly straightforward-the client was stopped for running a stop sign.  It was determined the client in fact had no driver's license, and he was placed under arrest.  A search incident to arrest revealed him to be in possession of around 160 tablets of oxycodone, in a bottle with no prescription label.  The client did not have at the time a valid prescription for the pills.

After determining that a trial was likely not in the client's best interest, we decided to resolve the case by way of a plea agreement.  I was able to convince the State and the judge that the appropriate disposition was a suspended sentence and a period of probation, rather than a term of imprisonment.

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