REDUCED | POSSESSION of MARIJUANA (with 2 prior felonies) REDUCED to class 6 open/misdemeanor with PROBATION and ZERO DAYS in JAIL – State v. Mr. S. (DMC No. 6642) (Gila County Superior Court CR2006-0322): Mr. S. was pulled over in a vehicle with several passengers, when the officer noticed a strong odor of marijuana. Mr. S. was asked about drugs, and he admitted to having marijuana on his possession. He also had a prior felony conviction in which he had served 2 ½ years in prison. The client asked specifically to speak with his attorney, but the police did not immediately comply. Due to this potential “denial of right to counsel issue”, we were able to reduce the case to a class 6 open “possession of drug paraphernalia” with probation and zero days in jail. Upon completion of probation, the case was designated a misdemeanor. Originally Mr. S. was facing a minimum of 4.5 years in prison.
