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Daniel Eliot DeWoskin

Daniel DeWoskin’s Legal Cases

7 total

  • Powell v. Barrett

    Practice Area:
    Civil Rights
    Outcome:
    (not available)
    Description:
    In 2004, Pekor & DeWoskin filed a federal class action lawsuit against the Sheriff of Fulton County, the City of Atlanta, and other defendants due to the unlawful practice and custom of overdetaining individuals in the jail after they were ordered released by the courts. The case is currently in the 11th Circuit Court of Appeals.
  • State of Georgia v. Tabitha Martin (name changed to protect client confidentiality)

    Practice Area:
    Criminal Defense
    Outcome:
    Acquittal
    Description:
    Case involved a federal agent who was accused of having struck a coworker. The case was of the type that never, ever should have been prosecuted by the State, yet the State insisted on a guilty plea or a trial. Our client opted for the trial, at which we demonstrated that when adults act accordingly, the courts do not need to spend time refereeing. At stake was our client's entire career as a federal agent. It took the jury 11 minutes to acquit.
  • Quentin Martin v. The City of College Park, et al (name changed to protect client confidentiality)

    Practice Area:
    Civil Rights
    Outcome:
    Settled
    Description:
    Client was arrested without probable cause on a specious charge of disorderly conduct. These situations happen all too often across the country, but lawyers are usually left to tell their clients that the case comes down to the officer's word against the client's, which is not the best position to be in. Anyone who has gotten a traffic ticket when he committed no infraction knows this. The difference here was that our client was, and is, himself a police officer here in Georgia. He had a spotless record prior to this unlawful arrest. Now, though the charge, which was later altered to "impersonating a police officer," was dismissed by the State, our client's career has been irreparably damaged. The unlawful arrest by the College Park officer will remain on our client's record permanently, despite the fact that he committed no wrongdoing. The case will soon proceed onto trial where we are confident we will get the justice our client so rightfully deserves.
  • State v. K.T.

    Practice Area:
    DUI & DWI
    Outcome:
    Acquittal
    Description:
    K.T. was charged with rear-ending another vehicle in front of an officer who was standing outside his vehicle. The officer claims to have motioned for her to pull over, but K.T. thought he was waiving her around. Officer jumped into his car and sped after her. After pulling K.T. over, officer failed to properly conduct field sobriety tests and hastily arrested K.T. The vehicle K.T. allegedly struck disappeared and no back-up was ever contacted by the officer. At trial, the officer testified angrily that writing reports was a waste of time. He showed little respect for the judicial process, the court, or even the jury. His report was replete with falsehoods, but was perhaps more remarkable for the omissions of relevant factual data, without which the jury could not responsibly convict K.T. The jury was perceptive and attentive throughout the trial and saw that justice prevailed at the end of the day. K.T. was acquitted of all charges against her.
  • Casey v. Mexicana, Inc. (names changed for confidentiality)

    Practice Area:
    Personal Injury
    Outcome:
    Settlement $1,100,000.00
    Description:
    Jennifer Casey, a 27-year-old, was riding in the back of a taxi when a car jumped across a parking lot and slammed into the side of the cab. Ms. Casey was seriously injured and will likely require two hip replacement surgeries in her lifetime. After striking the cab, the driver of the other vehicle got out of the car and ran away, but not before he locked the car that caused the accident. When the police arrived, they discovered that the car was registered to a company called Mexicana, Inc., which owned a nearby restaurant and a food processing company. In a stunning coincidence, as the police were investigating the collision and Ms. Casey's injuries, the car that had caused the collision was reported stolen by the restaurant owned by Mexicana, Inc. Through vigorous investigation, my co-counsel and I were able to prepare this case for trial in such a manner that left little question that the defendants were engaged in wrongfully shirking their responsibility for Ms. Casey's injuries. Just three days or so before trial, the case settled for $1,100,000.00.
  • State v. Cantu (names changed to maintain confidentiality)

    Practice Area:
    DUI & DWI
    Outcome:
    Dismissal of all charges
    Description:
    Mr. Cantu's vehicle struck a pedestrian with his vehicle. Pedestrian was an off-duty police officer, who, with other police assistance, forcefully arrested Mr. Cantu without conducting any field sobriety evaluations. Mr. Cantu was arrested for DUI and Reckless Driving, despite the lack of any evidence that he was intoxicated or less safe due to alcohol or drugs. Mr. Cantu was respectful and compliant with all requests, including requests for a breath test. Mr. Cantu's blood alcohol content was below the limit. No police report was ever written or submitted regarding the arrest or alleged DUI. Mr. Cantu's case involved very poor work by the police. It is unfortunate that he had to take the case as far as he did to see that justice was done and that the charges were completely dropped.
  • Western Debt Buyer Collections v. Shirley Reno (names changed to maintain confidentiality)

    Practice Area:
    Litigation
    Outcome:
    Settlement in client's favor-confidential
    Description:
    Client was sued by a company claiming to own a debt from a charged-off credit card account. The company sued her and client filed answer and counterclaim for violations of the Fair Debt Collection Practices Act. The company failed to ever produce evidence of any assignment, yet tried to stall the process and fight Ms. Reno at every possible opportunity. In the end, the court dismissed the plaintiff's claims and the company finally settled for a confidential amount, paying Ms. Reno for her damages and the attorneys fees she had accrued for defending against the company's wrongful actions.