DM was in direct violation of her probation for being found guilty of a new charge. The guilty case was from DM delivering packets of drugs to her boyfriend who was incarcerated for murder. In addition, DM had been picked up for a retail theft case two days before her probation hearing. Furthermore, DM had also paid less than $100 of her $10,000 restitution for her underlying case over a period of almost four years. Despite all this, Mr. Shaffer was able to paint a picture of DM as a woman who was trying to set things right despite some rough patches. The commonwealth vehemently asked for incarceration, but at the end of the day the judge agreed with Mr. Shaffer and gave her a new period of probation instead of incarceration.
