In Sarasota County, an 18-year-old high school basketball player was stopped with a few friends in a stolen car and subsequently charged with several serious crimes. Apparently, the group was trying to open car doors and this individual was now facing two counts of third-degree felony burglary of a conveyance, third-degree grand theft of a motor vehicle, and a misdemeanor for resisting arrest without violence. All told, the young man was exposed to a possible 11-year prison sentence, and to preserve his future college plans and his freedom, he came to Erika Valcarcel, Criminal Defense Lawyer, P.A..
Sarasota defense attorney Erika Valcarcel represented the young student and immediately set to work. The prosecution initially offered a one-year jail sentence to cover all the charges, but believing there was a better result, she conducted several days of depositions. By interviewing the officers involved as well as the victims, it became clear that her client was the least responsible and never actually took anything from the cars. She highlighted this along with her client’s previously clean criminal record, genuine remorse, and excellent support system to negotiate with the prosecution.
Eventually, the state agreed to withhold adjudication based on a one-year house arrest sentence in place of jail, two years of probation, and 100 hours of community service. This allowed her client the chance to finish school while still playing basketball and by withholding adjudication, he can confidently claim that this incident did not end with a felony conviction. While attorney Valcarcel secured an excellent outcome in an otherwise grim situation, the others involved did not fare so well and were all sentenced to time in custody and have been labeled convicted felons.
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