Telegraph file photo by DEAN SHALHOUP Timothy Smith enters Superior Court in Nashua for a bail hearing following his arrest in October on drug-related charges. Smith was sentenced Monday to prison time as part of a plea agreement.

NASHUA – Timothy Smith, a former local man charged last fall with five felony offenses accusing him of possessing, and being involved in the sale of crack cocaine, pleaded guilty Monday to two of those charges as part of a plea agreement that includes prison time.

Smith, 40, who most recently listed no fixed address in Manchester, entered guilty pleas to two counts of accomplice to the sale of a controlled drug, in exchange for two terms of 2-1/2 to 5 years in State Prison, to be served concurrently, according to the agreement.

But if Smith enters and successfully completes a substance use disorder treatment program the court agrees to suspend whatever time remains on his minimum sentence, the agreement states.

Other conditions include a $350 fine, plus penalty assessments, to be suspended upon Smith’s compliance with any recommendations by prison officials or his probation and parole officer for any additional treatment, counseling or educational programs.

Another clause allows for the suspension of Smith’s minimum sentence if he is referred to a treatment program outside of the State Prison.

Also as part of the plea deal, prosecutors agreed to dismiss the other three charges on which Smith was arrested and later indicted. They include two counts of posession of a controlled drug, subsequent offense, and one count of falsifying physical evidence.

Nashua police arrested Smith in early October, after a roughly month-long investigation into allegations he was involved in the sale of crack cocaine.

At Smith’s subsequent Superior Court bail hearing before Judge Charles Temple, Assistant County Attorney Michael Miller accused Smith of having “an extensive criminal history” that he said includes 15 arrests in Massachusetts – 10 for drug possession and five for robberies.

Miller said Smith also had accumulated eight probation violations over the course of 20 years.

“What we have here is a dealer, a profiteer, as well as a user,” Miller said, noting that Smith was allegedly under the influence of drugs when he was arrested.

“It’s apparent he makes at least part of his living selling drugs,” Miller said, adding that Smith had roughly $3,700 in cash on him when arrested.

But attorney Mark Gouthro, who represented Smith at the bail hearing, asked that Smith be released on personal recognizance bail so Smith could get help immediately for what Gouthro called “his issues with substance abuse.

“That needs to be addressed,” Gouthro said, adding that Smith “is willing to do that immediately,” referring to applying for an inpatient drug treatment program.

“He needs treatment … we’re asking the court to allow him to get the treatment he needs,” Gouthro said.

Dean Shalhoup may be reached at 594-1256 or dshalhoup@nashuatelegraph.com.

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