Nicholas Miller was arrested after he was found sitting inside a vehicle which did not belong to him. The vehicle’s owner confirmed that Miller had no business being in the vehicle and asked that charges be pressed against the 24 year-old.
When police asked why Miller was searching around in the vehicle, he told them he was looking for keys and that he was thinking about taking the vehicle. He was subsequently charged with attempted unlawful taking of a motor vehicle. After plea negotiation, the young man pleaded guilty to a reduced charge of injuring or tampering with a motor vehicle.
In District Court Feb. 20, Miller’s Public Defender, Matt Stermitz said that Miller “obviously needs some assistance.” Stermitz added, “For him to succeed on probation, he’ll have to have oversight that is relatively rigid. Drug Court and diversion gives him the best chance to succeed.”
A drug and alcohol evaluation was entered into evidence. It identified Miller as having a drug addiction.
Miller was reluctant to say anything to the judge when given the opportunity but Stermitz advised him he would be wise to speak up regarding his request for help. He finally told District Judge Michael Montero that if given the opportunity for diversion and help from a specialty court he believed he could get better. “If you give me a chance, I’ll do my best,” he concluded.
Miller has no gross misdemeanor or felony convictions on his record. If he successfully completes Specialty Court and probation, including ridding his life of substance abuse, he can return to court and have this guilty plea withdrawn.
Miller’s application to Specialty Court was granted. Whether he will be supervised by Drug Court or Mental Health Court will be determined by the Specialty Court team. He was assessed $3 for DNA collection, $25 administrative assessment and a $250 public defender fee. A mental health evaluation was ordered in addition to the substance abuse evaluation Miller already had.
He is prohibited from purchasing, possessing or using alcohol or controlled substances including marijuana. Any medication containing alcohol or controlled substances, even over-the-counter medications are prohibited without a prescription and the pre-approval of the Specialty Court team. He is not to enter a casino, bar, cocktail lounge or any business where alcohol is a major profit center. He is also prohibited from entering any vape shop.
