Probation for delivery of 400 lbs of Marijuana
Client owned a small print and copy shop, and was having financial difficulties because not too many businesses on people required printed materials anymore.
While client was at a restaurant, he was approached by a stranger who introduced himself through a mutual friend. The stranger offered client some money to drive a new car from Tucson to Los Angeles for him. Client agreed.
Client was stopped on the highway and a drug detection dog was used to find potential drugs. Four hundred pounds of marijuana was found in the trunk of the car and client was arrested for transporting marijuana for sale over the threshold amount.
Phoenix criminal defense attorney Brian DiPietro challenged the stop as unlawful drug profile stop and that any evidence of drugs should be suppressed. The court denied the motions.
Client entered into plea negotiations through Mr. DiPietro who convinced the state amend the complaint to an attempted transportation of marijuana for sale. This made the case eligible for probation rather than a mandatory prison sentence.
At disposition the state requested an aggravated prison sentence due to the quantity of marijuana and the pre-sentence report recommended a presumptive prison sentence.
Mr. DiPietro, at a mitigation hearing, presented factors demonstrating clients, community involvement for the poor, the fact client was a first time offender and his involvement in the crime was limited, and that client's reputation for good character was know throughout the state.
Client received three years on supervised probation.