DUI and Violation of Implied Consent. Attorney Stephenson presented the video of the traffic stop and field sobriety tests to the prosecutor and argued why the case was not worth prosecuting. The ADA a...greed and dismissed the entire case!
DUI and DWI
St. v. R.K
Jun 05, 2013
OUTCOME: Not Guilty!
Client was charged with DUI and Resisting Arrest. Client had not submitted to the field sobriety tests or a blood test. The police officer had drug him out of his car when he refused to immediately c...ooperate. The case went through preliminary hearing, suppression hearing, and ultimately went before a jury. At trial, after closing arguments the jury began deliberations. In less than 30 minutes, the jury came back with a verdict of "Not Guilty" on both counts. Client's charges were immediately eligible to be expunged, and he walked away from the courthouse without any of the mandatory minimum penalties that come along with a DUI.
Criminal defense
State v. J.H.
Jan 01, 2011
OUTCOME: Dismissed
Client, a hard-working family man, was served with a three-year-old outstanding indictment for Especially Aggravated Kidnapping and Aggravated Robbery (facing a minimum of 15 years in prison at 100% wi...th no possibility of parole, and a maximum of 37 years in prison). There had been a sloppy police investigation that failed to uncover relevant facts, and the "victim's" story had changed several times. The client should never have been charged in the first place. But in any event he was facing a $250,000 bond and a lengthy prison sentence. We filed a bond reduction motion and after a two-day hearing, the judge reduced the bond all the way down to $50,000, and client was able to make bond pending trial. But before trial, we filed a Motion to Dismiss based on Speedy Trial violations, because of the delay in serving the outstanding indictment on client. Attorney Stephenson raised arguments about the sloppy and incomplete police investigation, and highlighted the prejudice that accrued to client based on the delay, and inconsistencies in witness testimony and faded witness memories. The trial court judge granted our motion and DISMISSED the entire case. Client was eligible to have the entire case expunged from public record, avoid a trial altogether, and move on with his life!
Criminal defense
State v. S.R.
N/A
OUTCOME: Possible DUI-2nd, resulted in a DUI-1st
Client, a working professional who travels for a living, had an out-of-state license and a prior DUI conviction in another state. Plea negotiations resulted in client pleading guilty to DUI-1st offens...e with only the minimum two days in jail. Had client been convicted of DUI-2nd, there would have been a minimum of 45 days in jail and two years of license revocation.
Criminal defense
State v. R.F.
N/A
OUTCOME: Not Guily on Attempted Murder
Client was charged with 11 felony counts ranging from Attempted 1st Degree Murder to Kidnapping, Robbery and other charges based on a home burglary where the victim was shot. During the 4 day jury tria...l, Attorney Stephenson pointed out glaring inconsistencies in witness statements and the failure of the police to properly investigate the crimes. The jury returned a unanimous verdict of "Not Guilty" on 5 of the counts, including the Attempted 1st Degree Murder charge, and came back with a lesser-included offense on one of his 6 remaining convictions.
Criminal defense
State v. S.R.
N/A
OUTCOME: Dismissed
Client was charged with Aggravated Assault for allegedly pointing a gun at a victim. Client had a handgun carry permit. The Defense exploited the lack of investigation performed by the police, and hire...d a Private Investigator to do our own work. The case ended up being dismissed, and the judge signed an Order turning Client's handgun back to him.
Criminal defense
State v. C.H.
N/A
OUTCOME: Dismissed
Client was charged with sex abuse offenses, which stemmed from incidents alleged to have occurred in the 1960s and 1970s. The District Attorney's office did not ask a grand jury to indict client until... about 40 years after the alleged incidents. The alleged victims had waited decades to make a report to police. Nonetheless, client was facing ten years to life on each of his six charges. We filed a Motion to Dismiss based on due process violations arising from the significant delay in prosecuting the case. After a hearing, the court GRANTED our Motion to Dismiss all charges.
DUI and DWI
State v. L.M.
N/A
OUTCOME: Dismissed
Client was arrested for DUI-2nd offense, and agreed to give a blood sample to the police officer for testing. Facing a minimum of 45 days in jail and a two-year license revocation, client first hired ...a different attorney for General Sessions Court. That attorney did not request the blood test results, never had the blood independently tested by a private lab, never obtained or reviewed the in-dash police car video of the client's arrest, and worst yet----never had a preliminary hearing on behalf of client. He advised client to waive the right to a preliminary hearing and voluntarily send the case to Criminal Court. Once client's case made it to criminal court, client realized that the first attorney really hadn't done much at all to defend the case. Client then fired him and hired Attorney Bryan Stephenson. Attorney Stephenson quickly obtained the blood test results, and upon seeing that they were just barely over the legal limit, advised client to have the blood independently tested at a private lab. The results came back just BELOW the legal limit. Additionally, he obtained and reviewed the video of the incident. Presenting the newly obtained lab results and putting forth his best arguments about the case regarding margins of error and other facts, the Assistant DA agreed to throw out the case completely! She entered a "nolle prosequi", which means that the State declines to prosecute, making the case immediately eligible to be expunged from public record.
Criminal defense
State v. C.B.
N/A
OUTCOME: Retired
Client was charged with Aggravated Kidnapping, following a domestic argument that he got into with his fiance. Police responded to the scene where a nearby business had video surveillance that happened... to show the two of them arguing. Based on what the police perceived to be the client forcing her into his car and driving away, they arrested him for Aggravated Kidnapping. This charge carries a minimum of 8 years in prison upon conviction, and is not eligible for probation or parole! When Attorney Stephenson got onto the case and interviewed the alleged "victim", it was obvious that she left with the client voluntarily. Further, when he got the detective to show him the video at court, he noticed how exaggerated the claim was by the police that the client had committed a kidnapping. Attorney Stephenson asked the prosecutor to view the video with him, and in doing so pointed out all the factors that showed it was not a kidnapping. After watching the video and hearing Attorney Stephenson's arguments, the Assistant DA decided to NOT prosecute this Kidnapping charge! This case is a perfect example of the adage, "Just because the police say something is true, does not necessarily make it so!"
DUI and DWI
State v. D.H.
N/A
OUTCOME: DUI Reduced to Reckless Driving - No jail time!
Client was charged with DUI-1st offense and facing all the mandatory minimum penalties under Tennessee law (at least 48 hours in jail, 11/29 of probation, $350 fine, 24 hours of community service, revo...ked license for one year, etc.). Client had registered a .11 breath alcohol concentration reading when he was arrested. Result = Client pled guilty to a reduced charged of Reckless Driving and and faced ZERO jail time, with only six months of probation, alcohol safety school, and a $250 fine and court costs. Client's driver license was not revoked!