Drug Traffickers Turn Themselves In

Mary-Jane_drugsA 911 call from last year was recently released by the Rexburg Police Department that revealed an incident when two out of state drug traffickers got high and called the police to turn themselves in. Leland Ayala-Doliente and Holland Sward were driving from Las Vegas to Bozeman, Montana with twenty pounds of marijuana. They were under the influence of the drug while they were driving and believed they were being followed by undercover police officers. Once the pair reached Rexburg, they parked their car and called 911 because they wanted the police to stop following them. The Rexburg Police said that at the time they weren't being followed by anyone.
When the police arrived, both men had their hands behind their heads. Documents state that Sward said, "We got caught and we're surrendering." Police found twenty pounds of marijuana inside a dog cage and $567 inside the car. Ayala-Dolitente and Sward were charged with one felony count of trafficking marijuana. Sward plead guilty to possession with intent to deliver, which was amended down from the original charge. He received a five year sentence in prison, but District Judge Moeller suspended the judgment and placed him on probation for five years and 30 days in jail. Ayala-Doliente was sentenced to 1.5 to 8 years in prison. Judge Moeller increased his sentence because Ayala-Doliente tested positive for marijuana, cocaine, and oxycodone on his sentencing day.
Comments from Allen:
When a defendant makes the job of the police and prosecutor easy, he usually gets a break of one kind or another.  In the federal system, he will get "points removed" for cooperation, which may shorten a sentence by about six to nine months.  He may get a trafficking charge, which carries a minimum prison sentence, reduced to a possession charge, which carries no minimum sentence.

Holland Sward received very favorable treatment here.  His 30 day jail sentence included the time spend when he was initially arrested.  He gave Judge Moeller reason to believe he had learned his lesson and that he was not going to darken his courtroom door again.

Both defendants had plenty of time to "dry out" and test negative for controlled substances.  By testing dirty AT HIS SENTENCING HEARING, Leland Ayala-Dolienta conveyed to Judge Moeller that probation without further incarceration would be a waste of everyone's time.  In Ayala-Dolienta's case, mere possession of two of the three substances in his body at sentencing constituted new felonies.

That's the bad news.  The good  news for these gentlemen is that their YouTube appearance for their 911 call attracted over one million viewers:

https://www.youtube.com/watch?v=ZOmRi927TPI

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Allen Browning is an attorney in Idaho Falls, Idaho who handles personal injury and criminal defense. He has over 30 years of experience and handled thousands of cases. Allen handles cases from all over Idaho. Call (208) 542-2700 to set up a free consultation if you are facing legal trouble or you have been involved in an accident.

Also, check out browninglaw.net for more information about Allen and Browning Law.

Allen Browning can help with all personal injury claims including motor vehicle accidents,truck accidents, auto accidents, serious and disabling accidents, and wrongful death claims.

Allen Browning is an Idaho Falls attorney who can also help with drunk driving (DUI), traffic violations, Felony, Misdemeanor, Domestic Violence, Drug Crimes, Theft, Juvenile Crimes, battery and assault charges, Violent Crimes, and Probation/Parole Violations. He is one of the most experienced and successful criminal defense attorneys in Idaho.



Allen is able to provide his services if the incident occurs in the following Idaho Areas: American Falls, Arco, Blackfoot, Boise, Burley, Driggs, Idaho Falls, Malad City, Pocatello, Rexburg, Rigby, Salmon, St. Anthony, Twin Falls, Bannock County, Bingham County, Bonneville County, Butte County, Cassia County, Clark County, Fremont County, Jefferson County, Lemhi County, Madison County, Oneida County, Power County, Teton County, and Twin Falls County.    
Sources for more information:

http://www.eastidahonews.com/2016/01/two-men-using-pot-call-the-cops-and-turn-themselves-in-heres-911-call-that-you-will-have-you-shaking-your-head/

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