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Possessed 2.3 Kilograms of Cannabis in Car and Avoids Prison Time or Community Service

Despite two prior drug convictions, the Netanya Magistrate's Court prioritized the defendant's rehabilitation

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Possessed 2.3 Kilograms of Cannabis in Car and Avoids Prison Time or Community Service

The Netanya Magistrate's Court today (12 October) sentenced a defendant who confessed and was convicted of possessing a drug not for personal consumption, after six bags of cannabis weighing a total of 2.3 kilograms were found in his vehicle. The proceedings concluded without actual imprisonment, without community labor service, and without community service, following a rehabilitation process that the court described as impressive and extraordinary.

Judge Zohar Diban Segal, Vice President of the Court, gave significant weight to three reports submitted regarding his case. These indicated full cooperation with treatment authorities, drug tests showing he was clean, and high prospects for rehabilitation.

The prosecution agreed to prioritize rehabilitation

The defendant was convicted based on his confession to an amended indictment. As part of the plea agreement, the Probation Service was asked to examine his personal circumstances and the circumstances of the offense's commission and submit its recommendations.

Even after taking into account his two previous drug convictions, from 2018–2020, the Probation Service recommended prioritizing the rehabilitative path and avoiding tangible punishment that would interfere with continued treatment and establishing normal functioning.

After receiving the report, the prosecution and defense reached an agreement on a suspended sentence, a probation order, community service, a financial undertaking, and a fine, alongside the forfeiture of the seized money. The prosecution clarified that its consent stemmed from the defendant's special circumstances and personal situation, and did not reflect general sentencing policy.

The remaining dispute between the parties concerned the driver's license: the prosecution sought an actual suspension and a conditional suspension, while the defense requested to suffice with a conditional suspension.

The defense attorney presented employment stability and distancing from marginal surroundings

The defendant's attorney, Adv. Maron Rosenthal, presented to the court the transformation his client had undergone and his integration into work as a warehouse worker and forklift operator. According to him, the defendant has been working at the same plant for about two and a half years, is appreciated by his employer, and holds opportunities for professional advancement.

The defense emphasized that the defendant distanced himself from the marginal social circle to which he belonged when committing the offense, and that suspending his license could harm his place of employment. Furthermore, his family and personal circumstances were presented, along with documents related to the therapeutic process.

The defendant himself expressed remorse, took responsibility for his actions, and told the court that he is on a new path.

The court also waived community service

The judge decided not to impose community service, even though this component was included in the parties' agreement. In her reasoning, she explained that such an obligation could pose an obstacle to the defendant, who deals with a variety of issues, and harm his progress.

A similar approach guided the decision not to suspend his license in practice, given the use he makes of it for his work needs.

At the end of the proceedings, he was sentenced to six months of suspended imprisonment for three years, on condition that he does not commit a felony drug offense; a one-year probation order; and a fine of 3,600 shekels.

In addition, he was sentenced to a six-month conditional license suspension, to be activated if he commits a felony drug offense or drives under the influence of drugs within three years. He was also ordered to sign a financial undertaking of 1,800 shekels to refrain from a felony drug offense for three years, and the court ordered the forfeiture of 4,450 shekels seized in his possession.

The sentence places central weight on the transformation demonstrated throughout the proceedings: despite the quantity of drugs and the criminal record, the court chose a penalty that would allow the defendant to continue in treatment and work, alongside supervision by the Probation Service and suspended penalties.

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מירון רוזנטל

Attorney

Not every victory of justice is measured by the severity of the punishment; sometimes it is measured by the ability to recognize a person who has managed to change their life and give a real opportunity to start anew. My client underwent a significant rehabilitation process and decided to rebuild his life, and it is good that the court recognizes this change and gives my client a real chance to succeed.

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