Court Surprises, Negotiations, and a Happy Client


I went in knowing that my client was charged with Possession of Marijuana, and I was ready and prepared to deal with that specific charge. However, I soon came to realize that he was also charged with DUI, refusal to take a breathalyzer test, and having an open container.

The DUI and refusal charges were in Traffic court, the open container charge isn’t even scheduled for until the 20th of this month and the Possession charge is in Criminal court. While I wait in the criminal court, I tell my client to go and speak to the clerk for the traffic courts and tell him that he has a possession charge in criminal court, since I am not representing him in the DUI and refusal charges.

After I’ve already spoken to the commonwealth attorney to pass my client’s case because I’m representing him, my client comes back and tells me that the clerk told him that they have consolidated all three of his cases in traffic court (not the open container charge). At this point, I’m confused because I just spoke with the CA in criminal court, and she saw that he was on her docket.

I proceed to go to the traffic court with my client and speak to the CA there to pass his case. I ask the CA what cases he has for my client and all he sees are the DUI and refusal charges. I tell him about the possession charge and what my client was told by the clerk and the CA says, “It’s fine, we can put them all together.”

I await my turn for the CA to speak to my client’s officer and then go into the room. I researched as much as I could regarding the two additional charges while we waited, and spoke to my client about the details. I was feeling confident. The officer is sitting in the room, and the CA hands me the officer’s report. I read the report and it is basically what my client had stated what had happened. Now comes the tough part about the negotiations, or at least that is what I thought.

The officer in the room states that my client has a fourth charge of an open container as well, but that hearing is not until the 20th. I calmly respond, “O.k.” The CA starts off telling me about my client’s charges. I’m stay calm as I wait to hear what the CA has to offer.

After negotiating some driver license issues, jail time, and payment of costs, this is what I was able to get my client:

  1. Possession – probation and restricted driver’s license;
  2. DUI – 30 days jail time (all suspended), $500 fine ($250 suspended), and restricted driver’s license;
  3. Refusal – Nolle Pros; and
  4. Open Container – Nolle Pros.

When I took the deal to my client, he was overjoyed! He gave me a hug and said, “You are GOOD.”

Attorney Hudaidah Bhimdi Ahmed is a Junior Partner at Fayad Law, P.C. Contact the firm to learn more about retaining her legal representation for your case!

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