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Case Results

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FELONIES

  • Client was arrested for Aggravated Battery involving the discharge of a firearm causing great bodily harm. Client was facing a mandatory minimum sentence of 25 years to life in prison. Client shot an apparent intruder outside of home. Additional facts and circumstances were presented to the State Attorney’s Office, and no charges were filed.

  • Client was charged with two felonies related to cultivating marijuana (maintaining a grow house). The police engaged in a “knock and talk” at client’s home, which led to the client giving consent to search home. A Motion to Suppress was filed, based upon the client’s consent not being freely and voluntarily given. The Motion to Suppress was granted, and the State dismissed the charges.

  • Client was under investigation for sexual battery. Client was a respected professional with no prior criminal history. Through pre-arrest investigation, numerous facts and witnesses were obtained in client’s favor. This information was presented to the State Attorney’s Office, and no arrest was made and no charges were filed.

  • Client was charged with Keeping a Place of Public Nuisance – a third degree felony. Client was arrested, required to bond out of jail (after the judge found probable cause) and the State Attorney’s Office filed formal charges. Upon researching the law, it was determined that the facts of the case – even if all taken as true – did not constitute a crime. The law was presented to the prosecutor, and the State dismissed the charge.

  • Client was charged with Failure to Properly Register as a Sex Offender. Presented argument to the prosecution that the facts of the case did not constitute a crime, and the State elected not to file charges.

  • Client was under investigation for fraudulent prescription drug charges. Presented additional facts and circumstances to law enforcement, and no charges were brought against client.

  • Client, a college student, was charged with five (drug-related) felony charges. Through the discovery process it was demonstrated to the prosecution that client was innocent. The State dismissed all charges.

  • Client was charged with Battery on a Person 65 Years of Age or Older. After a jury trial, client was found Not Guilty.

  • Client, a law enforcement officer, was charged with one felony and one misdemeanor. The client’s liberty and career were at stake. After extensive discovery and a Motion to Dismiss, a Demand for Speedy Trial was filed. The State Attorney agreed to resolve the case to one misdemeanor with a withhold of adjudication and no jail or probation. The client was able to continue with law enforcement career.

  • Client, a twenty year-old member of the military, had consensual sex with an underage female. As a result, client was charged with Lewd or Lascivious Battery – a second-degree felony that requires sexual offender registration upon conviction. After extensive plea negotiations, client was able to resolve case to a non-sex-related felony, receive a withhold of adjudication and avoid sexual offender registration requirements.

  • Client, a commercial airline pilot, was charged with Aggravated Assault with a Firearm. The charge carried a mandatory minimum prison sentence of three years in prison. After extensive discovery and plea negotiations, client was allowed to plea to a misdemeanor with a withhold of adjudication and probation.

  • Client was charged with Aggravated Assault with a Firearm. Since the firearm was discharged, client was facing a 20-year mandatory minimum prison sentence. After extensive discovery and plea negotiations, client entered a plea to a misdemeanor with a withhold of adjudication and no jail or probation.

  • Client was charged with two counts of Aggravated Assault with a Firearm. The charges carried a 3-year mandatory minimum prison sentence. Client allowed to plea to two misdemeanors with probation.

  • Client was charged with three felonies, including Attempted Sexual Battery. After extensive discovery and plea negotiations, client allowed to plea to one felony (not sex-related), with a withhold of adjudication and probation.

  • Client was charged with Felony Fleeing and Eluding and Reckless Driving. After discovery was conducted, the State agreed to dismiss the felony charge and allow client to enter a diversion program on the misdemeanor charge. Following successful completion of diversion, the misdemeanor count was dismissed.

  • Client was charged with Battery on an Emergency Medical Care Provider, a felony. After extensive discovery and plea negotiations, the charge was dismissed upon payment of restitution.

  • Client, a college student, was arrested for possession of fake identification. Convinced the State Attorney that the charge, while arguably a felony, was more properly filed as a misdemeanor. Ultimately, the State Attorney agreed, and the case was filed as a misdemeanor. Client was able to enter a diversion program, after which charges were dismissed.

  • Client was charged with Leaving the Scene of an Accident involving Death – a first degree felony with a mandatory minimum sentence of four years in prison. After trial, a Motion to Waive the Mandatory Minimum was filed, and the client received no jail time.

  • Client was arrested on a Violation of Probation for a sex offense. If found to be in violation, client likely would have been sentenced to prison. Filed a Motion to Dismiss the Violation of Probation, based upon the argument that the facts alleged – even if taken as true – did not constitute a willful violation of probation. The Motion to Dismiss was granted by the Court.

  • Client, on felony probation, was facing a Violation of Probation based upon a new misdemeanor charge. Convinced the State that new misdemeanor charge lacked merit, and both the new charge and the Violation of Probation were dismissed.

  • Client facing deportation for a felony case from ten years prior (when client was represented by another attorney). Filed Motion to Vacate Plea and Sentence on client’s behalf, based upon client not being properly advised of the potential deportation consequences at the time of his plea. The State stipulated to the Motion to Vacate, and the plea and sentence were set aside by the Court. The State then dismissed the underlying charges.

MISDEMEANORS

  • Client, a law enforcement officer, was charged with Disorderly Conduct. Client turned down pretrial diversion and proceeded to jury trial. At the close of the State’s case, the Court entered a Judgment of Acquittal.

  • Client was charged with Resisting Arrest Without Violence. Client found Not Guilty at trial.

  • Client charged with DUI. Client arrested after being found asleep in his car (blocking traffic) and blowing over the legal limit. Client found Not Guilty at trial.

  • Client charged with DUI with Property Damage after rear-ending another vehicle. Client found Not Guilty at trial.

  • Client charged with DUI. Client nearly fell down during field sobriety exercises (on video). Client found Not Guilty at trial.

  • Client charged with DUI. Client began dancing during field sobriety exercises (on video). Client found Not Guilty at trial.

  • Client charged with DUI. Filed Motion to Suppress, based upon the field sobriety exercises being compelled, as opposed to being performed voluntarily. Motion to Suppress was granted, and the charge was dismissed.

  • Client charged with DUI. Filed Motion to Suppress, based upon the length of detention (of the traffic stop), while waiting for the DUI officer to arrive. Motion to Suppress was granted, and the charge was dismissed.

  • Client charged with DUI. Filed Motion to Suppress, based upon the lack of reasonable suspicion to detain for DUI investigation. Motion to Suppress was granted, and the charge was dismissed.

  • Client charged with DUI. Filed Motion to Suppress, based upon the lack of probable cause to arrest for DUI. Motion to Suppress was granted, and the charge was dismissed.

  • Client was charged with DUI and two drug-related misdemeanors. Filed Motion to Suppress, based upon lack of probable cause to arrest. Motion to Suppress was granted, and the charges were dismissed.

  • Client was charged with DUI. Based upon discovery being provided late, a Notice of Expiration of Speedy Trial and a Motion for Discharge were filed. The Motion for Discharge was granted, and the case was dismissed.

  • Client was charged with BUI (Boating Under the Influence). Filed Motion to Suppress, based upon fact that incriminating statements were made without the benefit of Miranda warnings. The Motion to Suppress was granted (in part), after which the client was allowed to enter a plea to the lesser charge of Reckless Boating.

  • Clients charged with Reckless Driving – two clients, driving separate cars, charged in same incident. Both clients found Not Guilty at trial.

  • Client charged with Reckless Driving and also received a civil citation. After trial began, State allowed client to plea to civil citation and dismissed Reckless Driving charge.

  • Client charged with Leaving the Scene of an Accident Involving Property Damage. Convinced the State that facts of case did not constitute crime, and State dismissed charge.

  • Client charged with Disorderly Conduct. After setting case for trial, State dismissed charge.

  • Client charged with Resisting Arrest Without Violence. After setting case for trial, State dismissed charge.

  • Client charged with Domestic Violence Battery and two other misdemeanors. After setting case for trial, State dismissed charges.

  • Client facing Violation of Probation. Determined that underlying charge – for which client was on probation – was civil, as opposed to criminal (a fact that had gone unnoticed by the police, prosecutor, client’s former lawyer and the judge). The Violation of Probation was dismissed and the underlying plea and sentence were vacated.

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