Testimonials

Kim is, simply, amazing. The "regular" AP & P presentence report recommended 90 days jail time (based on their cookie cutter matrix), even though essentially it was a first offense "road rage" (Agg Assault, Third Degree Felony), before Judge McDade in Provo. We had a global resolution with a justice court thrown in as well, so my guy pleaded to a Third, with another Third and a Reckless and the justice court charge all dismissed. Even with the global resolution, the prosecutor wanted the jail time (90 days, for hell sakes, no property damage, no physical harm, just hurt feelings- well, REALLY hurt feelings, to be honest). Thanks to Kim's efforts (and, he did this at the last minute, devoting almost the entirety of Wednesday night through Friday morning) and got some nice letters (even from an ex-wife, which, in my experience, is usually the last person willing to write nice things about the ex) and it made a huge difference to the court. Also, his fee was nominal. Result? Five days in jail, community service, reasonable fine, anger mgmt and no VMH assessment, no zero alcohol requirement, Prime for Life, Victims Impact Panel, blah blah (I know they are usually for DUI's but still.....). The client was thrilled, as three months in jail would have ruined him financially.

Another satisfied customer, Kim.

Bill Morrison
Morrison & Morrison

I just wanted to let you all know that Kim Harward’s alternative presentence report made a huge difference in the sentencing of my client earlier today. He was convicted of a felony DUI that occurred in March 2009 and which came on the fairly recent tail of two other DUIs, along with a number of other misdemeanor convictions. At the time of the offense, the client was in a pretty bad place and if he had been sentenced then, I am guessing he would have been given at least six months in jail, probably more.

But Kim went to work and pointed out for the court how the client had changed his life in the intervening year and a half and how a sentence of incarceration would be likely to undermine the progress that had been made. He included both factual information from the client’s life and academic information from relevant corrections literature. He painted a picture that strongly encouraged the judge to do what was best for the client in because that was in fact what was best for society as well.

As a result, the judge ignored the state’s request for four months of jail time and the statute’s apparent requirement of two months of jail time and simply imposed four months of GPS monitoring (together with traditional requirements such as ignition interlock, etc). The client was very pleased with the result.

Thanks, Kim.

Matthew R. Howell
Fillmore Spencer

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TWO

Client was charged with a felony DUI (4th within 10 years and 6th lifetime).   Utah Sentencing Alternatives was asked to assist with sentencing.  The Client had taken substantial steps to address the underlying problems of substance abuse, including participation in substance abuse treatment, alcohol monitoring, and completion of an experiential training program.  All of which was completed before sentencing.

The presentence report prepared by Adult Probation & Parole minimized the positive aspects of Client’s work and social history, it contained inaccurate and misleading information and generally portrayed the Client as someone who denied having an alcohol problem and was unwilling to accept responsibility.

The Alternative Sentencing Report prepared by Utah Sentencing Alternatives provided context and detail that was missing from the probation report.  The thoroughness and objectivity of the defense-based presentence report offered significant contrast to the state prepared report which was reflected in the sentencing outcome.

Based upon the judge’s demeanor and comments he would have committed the Client to the Utah State Prison for a period up to five years had he only had the information contained in the state’s presentence report .  The Alternative Sentencing Report provided sufficient information and reason to sway the judge’s decision which resulted in a jail sentence followed by probation instead of the prison commitment.

Utah Sentencing Alternatives assisted defense counsel in successfully minimized the punitive sanctions by presenting mitigating information in context with the relevant risk factors and by providing a complete (and accurate) portrait of the Client’s background.

Community safety was not compromised and the Client received an opportunity to demonstrate through his actions in the community that he is a changed man and does not present a risk to the community.

Case Study #1

Case Study #3

Case Study #4