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Pre-Plea Intervention
Client #1: Steve was a 35 year-old first-time offender from a broken home with a history of substance abuse. He facilitated a cocaine purchase from his dealer that was initiated by an undercover narcotics officer. Offense(s): Steve pled guilty to two counts of Criminal Sale of a Controlled Substance in violation of New York Public Law 220.39-1 and 220.41-1. Jurisdiction: Queens County District Attorney's Office, New York NCIA's Recommendation: NCIA highlighted several issues in Steve's background for the District Attorney's office to consider in determining whether to reduce the pending charges that called for a term of imprisonment. We pointed to a long family history of substance abuse, as well as Steve's own cocaine abuse. Furthermore, we noted that Steve had an outstanding employment record with a branch of the United States Government, the salary from which he used to support his young son. His ex-wife and mother of his child was incarcerated for murder at the time. Finally, we reported on Steve's exemplary progress in the drug treatment program he enrolled in following his arrest. Though both charges Steve faced carried mandatory minimum sentences, NCIA recommended that he be allowed to plea to a probation eligible offense, and that he be mandated to perform 1,000 hours of community service and to continue his drug treatment program. Outcome: Plan accepted by Prosecutor and subsequently by the Court. Client #2: George was a 52 year-old first time offender. Over several months, he removed pages from collected volumes of newspapers from the late 1800's at the Library of Congress. Offense(s): Three misdemeanor counts of Theft of Government Property in violation of 18 U.S.C. § 641 Jurisdiction: United States District Court for the District of Columbia NCIA's Recommendation: Though George would have only received a monetary fine from a conviction, it was his belief that his career with the government and his personal life would be irreparably damaged. NCIA highlighted several issues in George's background for the United States Attorney to consider in determining whether to grant him pre-trial diversion. Specifically, we noted that George, who was a nationally respected expert in his field, removed the pages for the sole purpose of having them professionally photocopied, with every intention of returning items as soon as he was finished. We also pointed to his long and distinguished career and to the fact that his offense behavior was clearly aberrant given the high ethical standards to which he held himself. We recommended that, were a diversion granted, George would continue attending therapy to address his motivation for removing pages. We further recommended that he perform 400 hours of community service with an organization committed to the same field in which he excelled. Outcome: Plan accepted by the Government.
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