Your essay should include the following two offers:
Assuming the role of a prosecutor prepare a plea offer for Mario. Assume he was charged with possession of methamphetamine and with DUI (with a blood alcohol content of .08/.09).
Assuming the role of defense counsel, prepare a counter-offer, following the same structure as outlined above.
You can be creative with realistic details that you provide, consistent with the parameters of the facts above, but each offer should be persuasive.
Write an essay of 750-1,000 words in which you:
Explain what you would offer the opposing side.
Describe what factors you would consider in your offer.
Include a paragraph justifying your offer.
Use the GCU Library to locate three to five relevant, scholarly sources in support of your content.
Prepare this assignment according to the APA guidelines found in the APA Style Guide, located in the Student Success Center. An abstract is not required.
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Plea Offer for Mario
Name of Student
University Affiliation
Plea Offer for Mario
Background Information
Mario Gomez, a 22-year old Hispanic male was arrested on 17th of April, 2020 at around 7:30 pm while driving in U.S route 60 under the influence of alcohol. The arrest was warranted when the police officers who were on patrol noticed that his car kept swerving from one side of the state highway to the other, posing great danger to the other motorists. He was pulled over and subjected to a chemical test which showed that he had unusually high alcohol blood content of 0.08/0.09, which is beyond the allowed levels in state highway roads. Driving when highly intoxicated is associated with serious road accidents to motorists and other road users. Mario pulled over and arrested when the police because his dangerous driving posed a great danger to his own life, that of other motorists and people who often use the sidewalks. On further search, the police found that Mario was in possession of the controlled Methamphetamine sedative. Mario will be charged on the two accounts of driving under influence (DUI) and for possession of the controlled Methamphetamine.
Prosecutor Plea Offer
It has been established that Mario Gomez is a first time offender under the category of the crimes for which he is being charged. The offender was found to be in contravention of ARS Title 2-241; Title 28-1381, 1382 and 1383 governing driving under influence. Under the statute, a sentence carries a maximum of 6 months in jail or a fine of up to $2,500 upon conviction (Thomson Reuters, 2020). Also, Mario contravened Arizona status that governs controlled substances Under A.R.S. section 13-3407, a class 4 felony offence. Under the statute, an offender upon conviction can be sentenced to a minimum of 1.5 years in prison (Novak, 2020).
However, Mario was found with little quantities of Meth that cannot be considered to be for sale and was a first-time drunken driving offender. On his own volition, the offender requested to enter into a plea with the prosecution. The prosecution has considered various mitigating factors such as criminal records of the offender and proposes a prison sentence of 2 years for possession of meth. And because he is a first-time driver under influence, the prosecution proposes a fine of $250 and a 1-year suspension of his driving license.
Defence Counsel Counter Offer
Mario Gomez was arrested on 17th of April, 2020 at around 7:30 pm while driving in U.S route 60 on suspicion of drunken driving. The defence would like to enter into plea bargaining with the prosecution on behalf of our client. Our client promises to plead guilty in the court in for drunken driving in return for reduced sentencing terms. However, our client denies having had controlled methamphetamine. The blood analysis that was done on the sample taken from our client did not show any presence of the controlled methamphetamine. Since the prosecution has established that our client is a first time offender, we would like the prosecution to drop all the charges of drunken driving in return for the settlement of the DUI penalty of $250. Our client also promises to enrol in local alcohol abuse management programs to help him reduce alcohol abuse. The alcohol abuse therapy would ensure that such an offence will not be committed again by our client in future. We also request for the charges of drunk drunken be dropped and………………………………………………………………………………………………
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