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.