Client accused of domestic assault. As is customary, there were no witnesses, and the victim did not report the "alleged assault" for four (4) days. (That is always suspicious to me, and should be to ...the judge/jury.) Client was adamant that he did not assault her, and had numerous text messages and recordings to prove it. The victim repeatedly tried to get him to come back home after he left, to no avail. He refused to respond to any of the text messages. (thank goodness). The alleged victim decides that if he won't come home, she will get revenge and took out a warrant for domestic assault.
Bench Trial in front of a Judge.
NOT GUILTY VERDICT.
Criminal defense
State vs. L.B. Felony Possession of Marijuana
Oct 10, 2014
OUTCOME: Nolle Prosecution. Case Dismissed.
Client charged with Felony Possession of Marijuana after being accused of having 15 pounds of the illegal drug mailed to her home. Case was investigated by her Attorney David Ridings, and discovered t...hat she had nothing to do with the package being sent, but was just an unwitting and involuntary pawn in the scheme of a family member.
Criminal defense
State vs. C.B. Felony Possession of Marijuana and Drug paraphernalia
Oct 10, 2014
OUTCOME: Nolle Prosecution. Case Dismissed.
Client charged with Felony Possession of Marijuana and possession of drug paraphernalia after being accused of having 15 pounds of the illegal drug mailed to their home. Case was investigated by her A...ttorney David Ridings, and it was discovered that he and his wife had nothing to do with the package being sent, but were unwitting and involuntary pawns in the criminal scheme of a family member of the wife.
Criminal defense
State vs. A.B. Unlawful Photography
May 15, 2014
OUTCOME: Judgement Deferred, No Conviction
Air Marshall arrested for taking up-skirt photos enters a negotiated plea agreement of "no contest" to unlawful photography, a Class A Misdemeanor. Gets 11 months and 29 days probation, and no jail ti...me. No Conviction. Conditional Plea of No Contest.
DUI and DWI
State of TN vs. P.O. - DUI
May 12, 2014
OUTCOME: Case Dismissed and expunged.
Client charged with DUI after leaving an argument with his wife, and calling police while driving to a local store. On the 911 call the client tells the dispatcher that he is "driving" to the store, an...d asked for police to meet him there because his wife had assaulted him. Dispatcher sends officer to the store who finds the man waiting at the store as he stated, (but not in his car). Officer determines that he is intoxicated and asks for field sobriety tests. Client wisely refuses because he was not in the car when police arrived. He also refuses a breath/blood test for the same reasoning. Officer arrested him anyway, and charged him with DUI. Case was set for trial, but was dismissed on the trial date walking into court. District Attorney agreed that the misdemeanor DUI charge must have been committed in the "presence of the officer" to be a valid charge... Not over the phone to the 911 dispatcher. DA agreed that the officer did not "see" the client driving, nor did he see him in "physical control" of the motor vehicle.
Officer wanted to testify that the client was drunk while on the phone stating that he was "driving" to the store. DA wisely agreed that was not enough. Technicality maybe... but case dismissed.
*I took no position about the level of intoxication of the client, as that was really not the issue.
DUI and DWI
State of TN vs. DF - 0.30 BAC - Case Dismissed
Jan 22, 2014
OUTCOME: DISMISSED
defendant drinks heavily, enters a local restaurant, eats and calls his AA sponsor to come get him. Leaves the establishment and waits in his car for his "ride". Charges phone while he is waiting whi...ch requires the keys to be in the ignition. Police are called by concerned clerk in the restaurant, and respond. Defendant's sponsor is 40 minutes away... and arrives, literally, 21 seconds after police arrive. The officer wasn't even out of the car yet. In spite of the explanation of the defendant and the sponsor, the man is arrested and blows a .30% BAC. Now... I know... that is REALLY intoxicated. but at the same time, he had no intention of driving. The evidence showed he waited for nearly 40 minutes for the ride to arrive... which, in fact, saved the day in court. Case dismissed.
DUI and DWI
State of TN vs. B.R-D : DUI with the Defense of Necessity
Jan 14, 2014
OUTCOME: NOT GUILTY. CLIENT ACQUITTED.
Client was originally the passenger of a car driven by wife. Client's 8 year old son was in the back seat. Dad is also drinking a bottle of whiskey while in the passenger seat. Wife parks and goes insi...de the grocery store, leaving Dad and son in the car. The son tells dad he sees two men approaching with guns.... the same men that accosted them the day before. Dad jumps in driver's seat and takes off. He runs the red light and crashes into another car. Blows .16% BAC on a breath test. Was involved in an accident while intoxicated ... with his minor son in the car. Dad admits to drinking the half empty bottle of whiskey found in car. He also admits to being too drunk to drive, and running the red light. Bad facts? Most of the time, yes. But Dad maintained that his life depended on it.
Bench Trial in front of a General Sessions Judge as the trier of fact.
Verdict: Not Guilty, based upon the defense of "Necessity". The Judge found that the defendant did not "intend" to drive while intoxicated due to the overwhelming danger which forced him into the driver's seat. The "necessity" of escaping imminent death, outweighed the danger in driving, and negated "intent".
Criminal defense
State of TN vs. R.S.
Dec 13, 2012
OUTCOME: Dismissed at Preliminary Hearing. State later decided not to pursue it to the Grand Jury, either.
Client charged by her employer with Identity Theft, Forgery, and Obtaining a controlled substance without a prescription by fraud. Problem is... client was hired as the administrative assistant to the... employer, and as part of her job she ordered such things as routine. The employer allegedly "knew" she was ordering these things, and only filed criminal charges against the client AFTER the client filed a board complaint against the employer (a veterinarian). The Client had plenty of documentation that proved her innocense, including an email from the employer addressing the "alleged prescription fraud" as a "mistake". Later on the stand, the employer denied saying that, even after being handed an email that proved it. After that... she was almost stammering on the stand. Bottom line... the employer was (according to the judge) unworthy of belief. The Judge (a very good one in Nashville) found the state to have NOT met their burden of proof (even for a Preliminary Hearing). That is almost unheard of in this business, since it is so easy to find probable cause and indict someone. It was truly a good feeling to have helped this person get this case dismissed without the added stress and expense of a Jury Trial... which is where it would have gone without a very good judge.
The case was dismissed at a preliminary hearing, and the state later decided not to pursue it further (to the grand jury), even though they could have done so.
DUI and DWI
DUI Reduced to Reckless Endangerment
Oct 30, 2012
OUTCOME: DUI Reduced to Reckless Endangerment
Client did VERY poorly on the Field Sobriety Tasks. In fact, he actually fell down on the walk and turn test. But because the police officer (a very Veteran Officer, in fact) made a crucial mistake th...at was captured on video, that would have likely been fatal to the admission of very damaging evidence... the district attorney agreed and reduced the case without risking a Motion to Suppress.
Criminal defense
State vs. J.R. NOT GUILTY of 1st Degree Murder
Mar 30, 2012
OUTCOME: Not Guilty (Aquitted) of First Degree, Acquitted of Second Degree and Acquitted of Voluntary Manslaughter. Found Guilty of Reckless Homicide (D Felony)
Not Guilty of First Degree Murder: Client charged with First Degree Murder. Factually she admitted to shooting her husband while he was asleep in his recliner. He later died from the wound. Family and... friends testified that the client had been abused mentally, physically, and emotionally in nearly every way imaginable for almost 40 years. I represented Ms. Richardson from the date of the shooting. The early involvement of an attorney led to the discovery of very critical information on a home computer that was instrumental in her case. I was also successful at obtaining a bond set for the client (and, as I was told by the Judge that heard the case, it was the first time he had ever set a bond in a First Degree Murder case). At the jury trial, the defense expert witness (Dr. Lynne Zager) testified that the client suffered from a mental illness as a result of the four decades of abuse that caused her to be unable to formulate the requisite intent to commit the crimes of First Degree Murder, Second Degree Murder, and Voluntary Manslaughter. The jury, in the end, was very favorable and the client (age 58) avoided a certain life sentence. She was found guilty of only "Reckless Homicide" and she was sentenced to 4 years at 30% as a Range I offender, and is expected to be released soon.
