Ashley Nicole Gonzalez, age 24, was recently sent to serve at least a year in prison on a felony drug charge after being given a chance to complete treatment instead of serving prison time.
Gonzalez pleaded guilty to being under the influence of heroin in February, a controlled substance which constitutes a category E felony in Nevada.
In Nevada, the sentence for the category E felony is one to four years in prison and a maximum $5,000 fine, with probation mandatory under most circumstances.
Since her original arrest in February, there were two instances in which Gonzalez did not appear for her scheduled court hearings.
Her attorney, Humboldt County Public Defender Matthew Stermitz told Sixth Judicial District Court Judge Michael Montero that Gonzalez has had problems with narcotics since she was 17 years old, recommending that she complete a term of probation with drug court.
Gonzalez also told the court that she thought drug court would be a good option for her, although she admitted that she previously wouldn’t accept the fact that she needed help with her substance use issues.
“Jail was an eye-opener for me because I wouldn’t be sober now and I just think drug court would be a good option for me,” said Gonzalez in her sentencing hearing on August 25, 2020.
At the sentencing hearing, Montero ordered that Gonzalez serve 12-34 months in prison, with the prison time suspended on the condition that she complete 18 months of probation and the Humboldt County Adult Drug Court program, which also averages 18 months.
She was ordered to abstain from the use, purchase, possession or consumption of any drugs whatsoever, including alcohol and marijuana for the duration of her probation. She was also ordered to pay a $3 DNA collection fee, $25 administrative assessment fee, $60 forensic fee and $250 public defender fee.
“It’s always hard when you have someone this young and is appearing before you with this kind of record and substance abuse history,” said Montero. “It’s kind of sad that we haven’t had this young lady in some treatment prior to this.”
On Sept. 22, less than a month after being ordered to probation and drug court, Gonzalez appeared before the judge and admitted to three separate probation violations which were filed by the Department of Parole and Probation and she had been arrested on Sept. 9 on a new category E felony possession of heroin.
Gonzalez admitted to using controlled substances while on probation, as well as in a separate hearing admitted to the possession of heroin on Sept. 9.
Gonzalez was ordered to serve 30 days in jail on the violations she admitted to in the Sept. 22 hearing, and a request to be released to have some dental issues fixed was denied by the court.
Gonzalez was brought back for another probation violation report on October 20, while still in jail, in which she admitted to failing to complete drug court, failing to pay her financial obligations and court-ordered fees.
She told the court that she had not been able to pay her fees due to being in jail for the past 30 days, and asked that her probation be reinstated and to go to rehab.
Montero said that her discharge from drug court was due to a series of positive drug tests, failing to attend treatment sessions and the new possession of heroin charge.
Her probation was revoked and she was ordered to go to prison to carry out the previously sentenced 12-34 months with 58 days credit for time served.
