MONROE - A Brodhead man was sentenced Wednesday in Green County Circuit Court to one year in jail and five years probation for possession with intent to deliver methamphetamine.
Roy Van Brocklin, 34, pleaded no contest to the Class F felony Sept. 9.
His jail sentence began immediately after the sentencing hearing. His year in jail will count as his first year of probation. He also will have work release privileges while in jail.
He faced more than 12 years in prison and up to $25,000 in fines as part of the plea agreement.
In a separate case, Van Brocklin was also sentenced Wednesday to 30 days in jail for third offense operating while under the influence. That sentence will run concurrent to the year sentence.
Van Brocklin was arrested following a traffic stop March 20, 2009 in Brodhead. Van Brocklin had about 5 grams of meth in a plastic bag, an ephedrine or pseudoephedrine product, red phosphorus, lithium metal, sodium metal and ammonia in his truck when stopped by Brodhead police officers.
Green County Circuit Court Judge James Beer told Van Brocklin that it's up to him to turn his life around.
"I considered you a prime target for prison," Beer told Van Brocklin before sentencing. "There needs to be punishment and rehabilitation. You are required to obey the law."
Beer told Van Brocklin his decisions had hurt his family, and he has to get help for his drug addiction.
"Look at the heartache you caused the rest of your family," Beer said.
Beer warned Van Brocklin he would go to prison if he violated terms of his probation.
"You have two choices," he said. "You can make something of yourself or you can go to prison."
The sentence handed down by Beer was the one recommended by Jeff Kohl, Green County assistant district attorney.
Kohl told the court Van Brocklin was "atypical" of defendants that he's dealt with because Van Brocklin had a good childhood, had the support of his family, had been employed and hadn't started using drugs such as methamphetamine or cocaine until he was past the age of 30.
An online records search of Van Brocklin indicates he was found guilty of possession of THC form of marijuana, a misdemeanor, in 2002.
John Smerlinski, Van Brocklin's attorney, recommended a sentence of three years probation. He said Van Brocklin had been on bond since July 2009; during that time, he hasn't used drugs or alcohol or violated the conditions of his bond.
"He's maintained sobriety for 18 months," Smerlinski said. "If we have a concern about him not maintaining sobriety, we would have seen that already."
Smerlinski further told the court Van Brocklin understood that he had one chance to get over his drug addiction, and that he wanted to turn his life around.
"He can be a productive member of society," Smerlinski said.
Van Brocklin was originally charged with possession with intent to manufacture methamphetamine, a class E felony; possession of materials for manufacturing methamphetamine, a class H felony; possession of waste from manufacturing methamphetamine, a class H felony; possession of drug paraphernalia, a class H felony; possession of marijuana and possession of drug paraphernalia, both unclassified misdemeanors.
He faced more than 33 years in prison and up to $81,500 in fines, if convicted.
The charge of possession with intent to manufacture methamphetamine was changed to possession with intent to deliver methamphetamine as part of the plea agreement. The remaining charges were also dropped as part of the plea agreement.
Kohl said the charges were dropped because Van Brocklin didn't have a prior record and had never been on probation.
Roy Van Brocklin, 34, pleaded no contest to the Class F felony Sept. 9.
His jail sentence began immediately after the sentencing hearing. His year in jail will count as his first year of probation. He also will have work release privileges while in jail.
He faced more than 12 years in prison and up to $25,000 in fines as part of the plea agreement.
In a separate case, Van Brocklin was also sentenced Wednesday to 30 days in jail for third offense operating while under the influence. That sentence will run concurrent to the year sentence.
Van Brocklin was arrested following a traffic stop March 20, 2009 in Brodhead. Van Brocklin had about 5 grams of meth in a plastic bag, an ephedrine or pseudoephedrine product, red phosphorus, lithium metal, sodium metal and ammonia in his truck when stopped by Brodhead police officers.
Green County Circuit Court Judge James Beer told Van Brocklin that it's up to him to turn his life around.
"I considered you a prime target for prison," Beer told Van Brocklin before sentencing. "There needs to be punishment and rehabilitation. You are required to obey the law."
Beer told Van Brocklin his decisions had hurt his family, and he has to get help for his drug addiction.
"Look at the heartache you caused the rest of your family," Beer said.
Beer warned Van Brocklin he would go to prison if he violated terms of his probation.
"You have two choices," he said. "You can make something of yourself or you can go to prison."
The sentence handed down by Beer was the one recommended by Jeff Kohl, Green County assistant district attorney.
Kohl told the court Van Brocklin was "atypical" of defendants that he's dealt with because Van Brocklin had a good childhood, had the support of his family, had been employed and hadn't started using drugs such as methamphetamine or cocaine until he was past the age of 30.
An online records search of Van Brocklin indicates he was found guilty of possession of THC form of marijuana, a misdemeanor, in 2002.
John Smerlinski, Van Brocklin's attorney, recommended a sentence of three years probation. He said Van Brocklin had been on bond since July 2009; during that time, he hasn't used drugs or alcohol or violated the conditions of his bond.
"He's maintained sobriety for 18 months," Smerlinski said. "If we have a concern about him not maintaining sobriety, we would have seen that already."
Smerlinski further told the court Van Brocklin understood that he had one chance to get over his drug addiction, and that he wanted to turn his life around.
"He can be a productive member of society," Smerlinski said.
Van Brocklin was originally charged with possession with intent to manufacture methamphetamine, a class E felony; possession of materials for manufacturing methamphetamine, a class H felony; possession of waste from manufacturing methamphetamine, a class H felony; possession of drug paraphernalia, a class H felony; possession of marijuana and possession of drug paraphernalia, both unclassified misdemeanors.
He faced more than 33 years in prison and up to $81,500 in fines, if convicted.
The charge of possession with intent to manufacture methamphetamine was changed to possession with intent to deliver methamphetamine as part of the plea agreement. The remaining charges were also dropped as part of the plea agreement.
Kohl said the charges were dropped because Van Brocklin didn't have a prior record and had never been on probation.