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Judgment withheld with conditions on two fentanyl charges

by EMILY BONSANT
Staff Writer | June 16, 2022 1:00 AM

BONNERS FERRY — A Boundary County woman was granted withheld judgment on several drug charges in First District Court recently.

Jessica Hart, 26, received a withheld judgment with conditions on two charges of possession of fentanyl during a sentencing hearing on June 10. The conditions of the withheld judgment require her to complete three years of probation, pass drug court and have no contact with an alleged drug dealer.

Judge Barbara Buchanan added that probation is three years instead of the regular two due to Hart having small children, at the time having two cases open on drug charges and due to the severity of the drugs she had in her possession.

The request for withheld judgment was made by Linda Payne, Hart’s defense attorney, due to her client having no prior felonies and that Hart had participated, passed and paid for a 60-day in-patinet treatment program. Hart has a string of juvenile cases and a few misdemeanors.

Buchanan said Hart tested clean for drugs by a hair follicle test and that her soon-to-be-born child had a significantly better chance.

In addition, in the two cases, the three misdemeanors of possession of marijuana and paraphernalia use or possession with intent to use were dropped. If Hart completes drug court, 100 hours of community service and passes three years of probation while maintaining her no contact order, the two felony charges will be removed from her record.

For one charge, she has 31 days of time served and for the other, she has 44 days time served.