Warnken, LLC Gets Sentence Cut in Half
Our client, before being represented by us, pleaded guilty to five counts of cocaine distribution and received five consecutive 10 year sentences (50 years). We negotiated the relief. Those five guilty pleas were vacated, and our client pleaded guilty to one count of drug kingpin, and received a single 25 years.
The underlying error was that our client was promised, as part of the plea, that he would receive a hearing on his timely filed motion for modification of sentence. When the term of the plea agreement was violated, we argued that our client was entitled to an election of remedies – either a hearing on the motion for modification, or the ability to take back the plea. Ultimately, our arguments got his time cut in half.