Mario is charged with the possession of Methamphetamine, a highly addictive stimulant that is popularly known as crystal meth. Crystal meth is a drug used to create a false sense of happiness and is illegal in the United States as it falls in the same category as other drugs like cocaine. In addition to this, he was also found drunk while drinking with a DUI (Drunk under the Influence) result indicating alcohol blood content of 08/09. This value is way above the minimum DUI of 0.08%. In both instances, Mario is guilty of the possession of an illegal drug and driving while under the influence of alcohol. The possession of methamphetamine is an offense provided for under schedule II of the Controlled Offenses Act. The simple possession of methamphetamine alone attracts a massive penalty including, in the first offense, a fine of not less than 1,000 dollars or an imprisonment of up to one year. A second offense attracts a fine of not less than 2,500 dollars or imprisonment of between fifteen days to two years and more than two offenses a fine of not less than 5,000 dollars or an imprisonment of between three months and three years (Yeh, 2011). In this instance, this is Marios first offense and hence liable to a fine of not less than 1,000 dollars or an imprisonment of up to one year.
In the case of the case of the DUI, Mario is liable to different penalties including jail time, a fine, suspension of his driving license or even community service. However, due to the high value recorded by his drinking test, he is more liable to a hefty penalty such as an imprisonment or a fine in addition to the suspension of his driving license (Grant, 2016). In spite of these facts, due to the fact that this is Marios first offense, the prosecution is willing to make an offer to Mario to minimise his penalties. Nevertheless, for this to be effected, he has to be agreeable to cooperate with the prosecution by identifying drug smuggler or the person from whom he got the drugs. This arrangement is in a bid to crack down the possibility of the presence of a cartel that has been bringing in drugs into the United States through the Mexican border. The Drug Enforcement Authority (DEA) has been trying to bring down some operation by Mexican cartel in the United States (Medel &Thoumi, 2014). Marios cooperation will enable the DEA to track down the person who sold the drugs to him, or where he got the drugs from and possibly lead the DEA to the cartel operators in the United States. In exchange, the prosecution is willing to forgo the possession charge but not the DUI. In addition to this, for his safety, the prosecution is willing to provide for Mario and his family protective custody.
Defence Counsels Counteroffer
Mario is aware of the gravity of the offenses that he committed, and he is utterly remorseful for them. However, he also knows that the law is the law and has to be made responsible for his mistakes. After considering the offer that you have to make, my client and I are in acceptance of them, but with a few changes that have the prosecution should incorporate into the same. Considering that this is my clients first offense with relation to possession of an illegal drug, he is not aware of the drug world and how their operations are carried out. This interaction is his first with any of them and therefore if anything goes wrong on the side of the smugglers, then he is going to be among the primary suspects. Drug moguls are known to be very vengeful, and betrayal is almost certainly punishable by death (Payan, 2016). My client, therefore, fears for his safety and the safety of his family and friends. As a result, the following new changes have to be made to the offer.
My client needs all the charges against him dropped as he is willing to give the name and contact details of the person who sold him the drugs and even the location of the place where the transaction took place. He is also willing to be more involved in physically identifying the persons implicated, and if need be, testify against them in a court of law. In return, the prosecution has to be willing to not only drop the possession charge against him but also the DUI. This is because; if he is to go into protective custody then he cannot also be serving his time for the DUI. The prosecution has to be willing to wipe his criminal records slate clean before he can corporate in giving the names. In addition to this, the prosecution should be willing to keep his name or anything in relation to him entirely out of the reach of anyone else (McDonough, 2013). In addition to this, my client fears that the activities of the cartel, smuggling drugs into the United States may be far-reaching and have connections in other parts of the government and therefore needs assurance that his family (his wife and two daughters) will be kept safe and no harm shall come to them. In return, he will fully cooperate with the prosecution.
References
Grant, D. (2016). A structural analysis of US drunk driving policy. International Review of Law and Economics, 45, 14-22.
McDonough, K. M. (2013). At the Heart of Justice: Combating Gang-Perpetrated Witness Intimidation with Forfeiture-by-Wrongdoing After Giles v. California.
Medel, M., & Thoumi, F. (2014). Mexican drug Cartels.. The Oxford handbook of organized crime, 196-218.
Payan, T. (2016). The Three US-Mexico Border Wars: Drugs, Immigration, and Homeland Security: Drugs, Immigration, and Homeland Security. ABC-CLIO.
Yeh, B. T. (2011). Drug offenses: Maximum fines and terms of imprisonment for violation of the federal controlled substances act and related laws.
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