Client was charged with a 3rd degree felony, unlawful sexual intercourse with a 16 or 17 year-old. Client is a legal alien (married to US citizen) and was involved in a contentious divorce. The Client had been living outside of the marital home for about a year prior when a former neighbor was encountered. Over the course of a seven day period the Client and the former neighbor became sexually involved with each other before terminating the relationship.
The Client’s criminal defense attorney negotiated a plea settlement where Client would enter a guilty plea to a single third degree felony. The presentence report prepared by Adult Probation and Parole contained inflammatory statements and letters from the Client’s estranged spouse and made more references to the ex-spouse than the actual victim.
The Client’s ex-spouse in this case had substantial financial motivation for seeing Client convicted, imprisoned, and possibly deported. She also lived next door to the victim and attended the same church.
The Alternative Sentencing Report corrected several inaccurate and misleading statements in the probation report and provided an accurate contextual basis for discounting the self-serving statements provided by the ex-spouse. The result of which saved the Client from a prison commitment.
Utah Sentencing Alternatives assisted defense counsel in successfully minimizing the period of incarceration without compromising public safety. The Client does not pose a risk for re-offense and the victim (outside the influence of her parents and the Client’s ex-spouse) was not asking for severe punishment.