Mandatory 3-6 Years in Prison Avoided
Jul 14, 2008 - by Richard Samdperil
NH Superior Court. The client faced 4 charges, including being an accomplice to criminal threatening with a firearm and endangering the welfare of children. Ultimately, all the charges were dismissed as part of a plea bargain, and the client pled to 2 misdemeanors for making false reports to police. By doing so, the client avoided 3-6 year prison term, which is the mandatory minimum sentence for any charge involving the use, attempted use, or threatened use of a firearm. The client also avoided a felony conviction.
Although the charges were negotiated, the sentence was not. At a contested sentencing hearing, Attorney Samdperil challenged the State's evidence and presented testimony from a private investigator who had been hired by Attorney Samdperil to work on the case. Attorney Samdperil was successful in persuading the judge to reject the prosecutor's sentencing recommendation.