By: J Michael Small – Attorney for Trey Holly
I’m pleased with the disposition reached in court on Friday. Most importantly Trey did not plead guilty to anything. Rather he entered a Nolo Contendere plea, sometimes referred to as a best interest plea, to end the legal proceedings in this matter.
Pursuant to our plea agreement the Judge sentenced Trey to one (1) year probation (no jail time) and a fine of $1,000. Most importantly, as reflected by the oral and written record of Friday’s court proceedings, after satisfactory completion of his probation I will be able to file a motion to have the conviction completely set aside and the prosecution dismissed with the same effect as a Not Guilty verdict.
Part of me wanted very much to try the case because I felt I had a decent shot at an acquittal. On the other hand, had my client been convicted as charged he would have faced a penitentiary sentence of not less than ten (10) years and up to twenty (20) without benefit of parole, probation or suspension of sentence. In a word, I’m very pleased with the outcome.
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