Attorney David Andrew Leon's Legal Cases

Criminal defense

Distribution of Cocaine - Subsequent Offense and Possession with Intent to Distribute Cocaine - Subsequent Offense

Dec 01, 2017

OUTCOME: Motion to Suppress Allowed - Case Dismissed

Client was charged with Distribution of Cocaine as a Subsequent Offense, Possession with Intent to Distribute Cocaine as Subsequent Offense after police watched client sell drugs to another man during ... a surveillance operation. Police recovered drugs from the buyer who admitted to buying them from client. Client was then arrested and police found more drugs, a large amount of cash, and multiple cell phones in their possession. Client was facing a mandatory minimum prison sentence of 3½ years if convicted on either charge. Attorney Leon filed a motion to suppress the stop and search of client and persuaded a judge to allow the motion. As a result, all of the evidence seized from client as well as all of the police observations of the drug sale were thrown out and the case was dismissed.

Criminal defense

Armed Career Criminal Level 1, Carrying a Firearm without a License, OUI-liquor, Unlicensed Operation of a Motor Vehicle

Nov 07, 2017

OUTCOME: Not Guilty

Client was charged with Armed Career Criminal Level 1, Carrying a Firearm without a License, OUI-Liquor, and Unlicensed Operation of a Motor Vehicle after police found a gun in his car after they pulle ... d him over for erratic driving and swerving into the opposite travel lane multiple times. Client was slurring his words, had a strong odor of alcohol on his breath, and his eyes were glassy and bloodshot. He failed all four field sobriety tests he was given by police, including the walk-and-turn, one-leg stand, and counting exercise. Client agreed to take a breathalyzer test and registered a 0.21, almost three times the legal limit. He admitted to drinking half a bottle of liquor and that he did not have a license to carry a firearm. Client faced a mandatory minimum prison sentence of 3-15 years if convicted on the gun charge due to the armed career criminal sentencing enhancement. Attorney Leon convinced the prosecutor to dismiss the gun charges two months after arraignment after his pretrial investigation revealed exculpatory information showing that client did not possess the gun and was unaware of it as he had only recently purchased the car. At trial, Attorney Leon successfully excluded the 0.21 breathalyzer reading and client was found Not Guilty on all remaining charges after trial.

Criminal defense

Armed Career Criminal Level 2, Possess Large Capacity Firearm, Carry Firearm without License, Carry Loaded Firearm, Possess Ammo

Oct 17, 2017

OUTCOME: Motion to Suppress Allowed - Case Dismissed

Client was indicted for Armed Career Criminal Level 2, Possessing a Large Capacity Firearm, Carrying a Firearm without a License, Carrying a Loaded Firearm, and Possessing Ammunition after police stopp ... ed his car for a civil infraction. Police decided to tow the car because client’s license was suspended. Client was facing a mandatory minimum prison sentence of 10 years as a result of the armed career criminal sentencing enhancement. Attorney Leon filed a motion to suppress the stop and search of client’s car and persuaded a judge to allow the motion on the grounds that the police violated their inventory policy as well as the procedure for impounding the car and having it towed. As a result, all of the evidence was thrown out and the case was dismissed.

Criminal defense

Robbery

Sep 28, 2017

OUTCOME: Dismissed

Client was charged with Robbery after being accused of robbing a man of his cell phone and wallet outside of 7-Eleven. The victim told police that he was surrounded by a group of men who threatened him ... and took his property. Client had the misfortune of walking by the victim at the time he was speaking to police and the victim told police that he knew client was one of the men involved in the robbery. Attorney Leon investigated the case and determined that client had been mistakenly identified. He retained a professor at an out-of-state university who was an expert on memory and identification. The professor concluded that the victim’s identification was unreliable based on the initial description he provided to police along with the facts that the victim and client were of a different race, that the robbery took place at night, and the victim was frightened and under stress during it. They prepared for trial and presented the expert’s conclusions to the prosecutor. Attorney Leon and his expert discussed the case further with the prosecutor on the morning of trial and provided a preview of the expert’s expected testimony. When the case was called, the prosecutor explained to the judge that they could not meet their burden of proving that client was involved in the robbery. The case was then dismissed.

Criminal defense

Unarmed Robbery

Sep 19, 2017

OUTCOME: Dismissed

Client was charged with Unarmed Robbery after she was alleged to have been involved in the robbery of a man at an ATM along with three other individuals. The victim told police that two men and two wom ... en robbed him and described the women as between 25 and 35 years of age and one woman was visibly pregnant while the other had crooked teeth. Client was almost 50 years old and had not recently been pregnant and she did not have crooked teeth. Client was identified after a police officer saw the ATM video and thought she was one of the women in it. The only evidence against client was the opinion of this officer who was clearly mistaken. Despite this, the prosecutor would not dismiss the case. Attorney Leon scheduled the case for trial and prepared a defense of mistaken identification. He filed a motion to exclude the alleged identification of the police officer on the grounds that it was unreliable. On the morning of trial, the prosecutor finally recognized the issues present with the officer’s identification and asked the judge for permission to conduct a non-suggestive identification procedure in court that day before trial. Attorney Leon objected and persuaded the judge to deny the prosecutor’s request before persuading the judge to dismiss the case over the prosecutor’s objection. The case was dismissed.

Criminal defense

Assault and Battery with Dangerous Weapon causing Serious Bodily Injury, Assault and Battery, Malicious Damage to Motor Vehicle

Jul 19, 2017

OUTCOME: Dismissed

Client was charged with Assault and Battery with a Dangerous Weapon causing Serious Bodily Injury, Assault and Battery, and Malicious Damage to Motor Vehicle after a fight with two women where he alleg ... edly beat them and poured bleach in one woman’s eyes causing serious bodily injury. It was also alleged that he slashed the tires on her car. Client was held under the dangerousness statute for three months until trial. Attorney Leon’s investigation revealed that the women lied to police and instigated the altercation when they attacked client after drinking alcohol all afternoon. They also provided conflicting stories to police. When this was presented to the court and prosecution on the morning of trial both women invoked their Fifth Amendment privilege not to testify and the case was dismissed.

Criminal defense

Armed Robbery and Assault with a Dangerous Weapon

Jun 22, 2017

OUTCOME: Client avoids convictions on reduced charges - case was dismissed after client successfully completed 2 years of probation

Client was charged with Armed Robbery and Assault with a Dangerous Weapon after he was involved in robbing a man of his cell phone at knifepoint with two other teenagers. Police tracked the location of ... the victim’s phone and client was arrested with the others when it was found in one of their rooms. The prosecutor’s initial plea offer was a year in jail after reducing the armed robbery charge in exchange for a guilty plea. Attorney Leon was able to get his client released on bail and retained a social worker to help client re-enroll in school and provide him with the support he needed to get his life back on track. He was then able to convince the prosecutor to give the client a break due to the client’s young age, lack of prior criminal activity, and his agreement to participate in the programs and community support we had set-up for him. The prosecutor reduced the armed robbery charge to larceny in exchange for a continuance without a finding. The case was dismissed after he successfully completed his 2 years of probation.

Criminal defense

Possession with Intent to Distribute Cocaine - Subsequent Offense and Resisting Arrest

Apr 19, 2017

OUTCOME: Dismissed

Client was charged with Possession with Intent to Distribute Cocaine as a Subsequent Offense and Resisting Arrest after police executed a search warrant at his home following an investigation utilizing ... controlled buys and confidential informants. Police had to use a ram to enter the front door because the occupants were uncooperative and one of the officers was injured while attempting to arrest client. Police found drugs packaged for sale, multiple scales and packaging materials during the search. Today, Attorney Leon was able to get all charges dismissed.

Criminal defense

Home Invasion and Assault and Battery

Apr 14, 2017

OUTCOME: Dismissed

Client was charged with Home Invasion and Assault and Battery after he entered a home just before midnight and fought with the occupants after laying on a couch and trying to use their phone. He beat o ... ne of the men inside the home and threw a chair at a woman before being subdued. Attorney Leon investigated the case and obtained video from a store nearby which showed client fighting one-on-one with a man before being jumped by two more individuals who beat him unconscious before they fled. Client woke up several minutes later and could be seen walking unsteadily and weaving along the sidewalk with blood on his head, face, and arm. Timestamps from the video indicated that he knocked on the family’s door several minutes later when he was looking for help. The video proved that client likely suffered a concussion or closed head injury which explained his behavior inside the home. Attorney Leon provided this video to the prosecutor who then filed a motion to dismiss the case after reviewing the footage. The case was dismissed.

Criminal defense

Aggravated Rape

Apr 07, 2017

OUTCOME: Dismissed

Client was charged with Aggravated Rape when a woman he met on a dating app accused him of sexually assaulting her. They were both students who went out on a date and returned to his room to watch a mo ... vie. The alleged victim immediately called police after leaving his room and reported that she had been raped. Attorney Leon investigated the case and obtained court orders for surveillance video from the area, records from the dating app website and Lyft driving app, and the alleged victim’s text messages with client. The evidence showed that client and the alleged victim had went out drinking and had been using cocaine that night. Surveillance video from a local convenience store showed that the alleged victim left client’s room at one point and purchased additional alcohol and condoms before returning to his room. Attorney Leon provided the results of his investigation to the prosecutor who then filed a motion to dismiss the case. The case was dismissed two months after client’s arraignment.

David Andrew Leon's Legal Cases (196)

Distribution of Cocaine - Subsequent Offense and Possession with Intent to Distribute Cocaine - Subsequent Offense

Armed Career Criminal Level 1, Carrying a Firearm without a License, OUI-liquor, Unlicensed Operation of a Motor Vehicle

Armed Career Criminal Level 2, Possess Large Capacity Firearm, Carry Firearm without License, Carry Loaded Firearm, Possess Ammo

Robbery

Unarmed Robbery

Assault and Battery with Dangerous Weapon causing Serious Bodily Injury, Assault and Battery, Malicious Damage to Motor Vehicle

Armed Robbery and Assault with a Dangerous Weapon

Possession with Intent to Distribute Cocaine - Subsequent Offense and Resisting Arrest

Home Invasion and Assault and Battery

Aggravated Rape