A recent court case out of New York shows that taking a plea deal might not be the smartest thing, especially if the state doesn't have enough proof to justify the charges.
Los Angeles Criminal Defense Lawyer Vincent Howard has represented many clients facing drug charges. These can range from simple misdemeanor charges all the way to complex felony cases with potential prison sentences.
Los Angeles drug charges vary based on different factors. The type of drug being sold makes a big difference. Whether medical marijuana, heroin or prescription drugs, the California Penal Code lays out what type of penalties a person can face and each drug is rated differently.
But the type of drug isn't the only factor. The quantity of drug, where it's being sold and purchased, whether any weapons were used in connection with the case and if the suspects have criminal history records all play into what types of charges a person can face -- and certainly in what type of penalties a judge may impose. It is important to consult with an experienced lawyer, such as Los Angeles Criminal Defense Attorney Vincent Howard, when charges like these are filed in order to ensure the suspect is well represented.
In United States v. Culbertson, the defendant ended up pleading guilty to four counts of an 11-count indictment. Among them was a count of conspiracy to import 100 grams or more of heroin and five kilograms or more of cocaine.
After accepting the plea deal, the man was sentenced to 120 months in a federal prison. In federal cases, as in state cases, it is common for defendants to accept plea deals after lengthy negotiations. While federal prosecutors typically have a lighter caseload than state prosecutors, they may sometimes still be willing to offer a plea deal to a defendant that is favorable. But as Culbertson shows, sometimes the plea offer actually hurts the defendant.
On appeal, the defendant argued that the court didn't determine if there was a factual basis for the plea, meaning that the facts presented by the government didn't support the plea. The basis of that argument is that the government couldn't prove he had five kilograms or more of cocaine, which requires a mandatory 10 year prison sentence. He admitted only to being responsible for three kilos.
The second argument presented during his appeal was that his Sixth Amendment rights were violated because he asked to substitute counsel and "standby counsel" and he was provided ineffective assistance.
A quick background of the case: In 2007, investigators began looking at a drug trafficking ring operating from Trinidad to the United States. In early 2008, agents fingered Culbertson as being involved after his girlfriend arrived in New York City from Trinidad and had cocaine and heroin in her suitcase.
She explained that two men were supposed to meet her at the airport and she was to be paid $5,000. When Culbertson called customs to find out where she was, she told him to pick her up and he was arrested and later indicted.
On his fourth lawyer, the defendant tried to get a new attorney to represent him, but the judge denied his efforts after the client and attorney argued about a motion he wanted to file. The judge then appointed the attorney as "standby" for future hearings.
After explaining to Culbertson that he could either use the attorney or represent himself pro se, the man decided to enter into a plea agreement. He requested a hearing to determine the amount of drugs, but the motion was denied.
The appeals court ruled that because the defendant continually admitted responsibility for three kilograms of cocaine, but not five, the court erred in not allowing the hearing. Therefore, it shouldn't have accepted the plea to five kilograms or more of cocaine and kicked in the mandatory prison sentence. The court ruled the conviction should be vacated.
Los Angeles Criminal Defense Attorney Vincent Howard believes that this is a case where justice was done. Defendants, especially those who have conflicts with their attorneys, require special care to ensure their rights are upheld. A judge may get frustrated with a defendant, but that's no reason to ruin a person's life.
If you or a loved one would like to speak to a criminal defense attorney in Los Angeles or in any of the surrounding areas, contact HOWARD LAW PC for a confidential appointment to discuss your rights. Call 1-800-872-5925.
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