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Case Results

Commonwealth v. J.S. - PWID Cocaine - NO JAIL TIME

January 2016

Client was arrested pursuant to a questionable traffic stop.  In the trunk of the vehicle was a large bag of suspected powdered cocaine, bottles of suspected opiates, smaller bags of suspected cocaine, and marijuana, along with other paraphernalia.  Unfortunately, client made incriminating statements.  He was charged with multiple felony counts of manufacturing and distribution controlled substances.   Despite the problematic evidence in this case, Harris & Carmichael, PLLC, carefully and methodically challenged it at each stage of the proceedings - prior to, at, and after the preliminary hearing.  Eventually, Ms. Harris negotiated a plea to one count of possession with intent to distribute cocaine (PWID cocaine), a felony. There was no agreed upon sentence, and therefore the firm began to prepare for a hotly contested sentencing.

It is always the policy of Harris & Carmichael to engage in deliberate and thorough sentencing investigation and research, and this case was no exception.  Ms. Harris researched and filed a comprehensive sentencing brief regarding the effects of felony convictions on different demographic populations.  She advised the client on the proper mitigation and preparation for sentencing, and fortunately he followed all of her recommendations.  With the help of our client, she provided to the Court, ahead of time, a multitude of sentencing evidence, and ensured that many sentencing witnesses were present on the day of sentencing.  

On the day of reckoning, the guidelines called for at least seven months of prison time, and the Commonwealth requested one year of incarceration. The Court, however, found Ms. Harris's presentation persuasive, and sentenced our client to PROBATION- NO JAIL TIME.  Now, this client will be able to remain employed, something definitely not available to so many who have a new felony conviction.  

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Phoenix S. Ayotte

Ms. Ayotte (formerly Phoenix Ayotte Harris) was named one of the "Top 100 Trial Lawyers" by the National Trial Lawyers Association in 2014, "Top 40 Under 40" in 2015, "Top Lawyer" by Who's Who Global Directory, and a "Rising Star" by Super Lawyers in 2016. In the past year alone, Ms. Ayotte has been responsible for dismissals, acquittals, or reduced charges in many serious cases where her clients were unjustly charged, such as: accessory to homicide, felonious mob assault, attempted malicious wounding, robbery, abduction, arson, possession with intent to distribute, burglary, counterfeiting, sodomy with a minor, child abuse, domestic assault, and more