Attorney Phoenix S. Ayotte's Legal Cases

Criminal defense

FELONY JURY TRIAL- NOT GUILTY- 12 minute deliberation

May 01, 2019

OUTCOME: NOT GUILTY

Client and Ms. Ayotte carefully selected a jury, gave a straightforward opening argument, did not waste unnecessary time when cross examining the officer, and only called one witness. When it came tim ... e for closing, Ms. Ayotte emphasized the lack of evidence, the importance of the government's burden, and the alternative explanations arguable from the evidence. After only twelve minutes of deliberation, the jury returned a verdict in our favor, and the client's criminal record remains felony free.

Administrative law

Security Clearance- Foreign Influence- Reinstated

Mar 01, 2019

OUTCOME: Clearance reinstated

Client's Department of Defense security clearance was revoked due to foreign influence concerns because he was sponsoring and marrying a foreign national. In this case, my client and I took a true tea ... m-based approach and submitted a great package to the Consolidated Adjudications Facility. Result- the wedding date is approaching, client is still employed, and his decades of service overseas for our country continue to march on.

Criminal defense

Felony Possession of Illicit Digital Images- PROBATION

Feb 22, 2019

OUTCOME: PROBATION, no incarceration

A search warrant was executed on client's home and his computer was seized. Based upon his interview and forensic analysis, he was charged with 10 counts of possession of child pornography. Client ca ... me to Ms. Ayotte immediately and began working with her team of experts on mitigation. Because of this, Ms. Ayotte was able to not only negotiate a favorable deal with the prosecutor, but was armed with the best tools possible to present to the judge at sentencing. Due to the unique factors in this case, backed up by evidence her team had assimilated, the court gave this client PROBATION instead of the Commonwealth's recommended sentence of over 4 years in prison.

Criminal defense

Felony Drugs, Felony Obstruction

Feb 21, 2019

OUTCOME: CASE DISMISSED- MOTION TO SUPPRESS GRANTED

After a year of battling with the government on this case, multiple felony charges were DISMISSED and the client continues to be felony free. In this matter, client was passenger of a vehicle stopped i ... n an alley/parking lot. When 2 police cruisers pulled in, the vehicle pulled into a parking space. Officers left their vehicles running in the travel lane and approached the vehicle from both sides, ordering the driver to roll down the window. Ms. Ayotte's analysis was that her client's Fourth Amendment rights had been violated. She took the case up to Circuit Court, filed, and argued a Motion to Suppress. After initially losing, she ordered the transcript of the hearing, and on the reconsideration, the Motion to Suppress was granted and the entire case was dismissed.

Administrative law

Anonymous- Security Clearance Appeal at DOHA

Jan 14, 2019

OUTCOME: Eligibility granted

In a foreign influence case where client was upgrading the clearance from one level to the next, client's security clearance was suspended due to family ties and activities. After a full hearing befor ... e DOHA, and after waiting more than six months for a decision, the DOHA granted eligibility for access to classified material. Client remains employed, with client's clearance intact.

Administrative law

DOHA- Civilian Security Clearance- Reinstated

Apr 17, 2018

OUTCOME: Security Clearance- granted

Client - a civilian employee of a branch of the military- was convicted of a DUI while holding a security clearance. Later, he was accused of violating the terms and conditions of his probation. This ... led to an immediate revocation of his clearance via a Statement of Reasons. He retained Ms. Ayotte for his case, and began working on mitigation with her team of experts. The case proceeded to a hearing before the Defense Office of Hearings and Appeals, and after almost a year of waiting, the decision was granted in client's favor- access to classified information granted. Client was fortunate to be able to remain working during that time, but now has access to his complete range of duties reinstated.

Criminal defense

Commonwealth v. F.M.

Sep 22, 2017

OUTCOME: ACQUITTED AT TRIAL

Domestic Assault and Battery. Complaining witness called the police to complain that client struck her with closed fists, leaving visible injuries including swelling and a bleeding cut. Client was ar ... rested elsewhere, and denied the assault. A trial took place in JDR court. We rejected the plea offer and were prepared for trial. Mid trial, the Commonwealth dismissed the case due to insufficient evidence.

Criminal defense

Commonwealth v. M.F.

Jul 25, 2017

OUTCOME: ACQUITTED

JURY ACQUITTAL- 40 MINUTE DELIBERATION- MALICIOUS WOUNDING/STABBING Client was charged with malicious wounding after stabbing someone and puncturing his lung. After a full trial with vigorous cros ... s examination of the Commonwealth's witnesses, using the Commonwealth's own expert to our advantage, and calling several defense witnesses to the stand, the jury acquitted him of all counts after only 40 minutes.

Criminal defense

Commonwealth v. R.D.- Domestic Assault and Battery

Dec 05, 2016

OUTCOME: CASE DISMISSED

Pregnant client was charged with Domestic Assault and Battery for an argument that happened with her significant other at the workplace, resulting in her termination. To add insult to injury, she had ... been the person requesting help from the police in the first place, as a result of what she perceived to be relationship violence. After receiving and analyzing the case, Ms. Harris realized there was a technical deficiency in the evidence and the Commonwealth could not prove the elements of the offense in Juvenile and Domestic Relations Court. On the day of trial, through negotiation with the parties and the prosecutor, she was able to have the case completely DISMISSED. Now, Ms. Harris is advocating for her client to get her job back.

Federal crime

United States v. M.R.

Jul 15, 2016

OUTCOME: 90 DAYS INCARCERATION, 90 DAYS HOME CONFINEMENT

In this federal case, client was accused of tax fraud conspiracy encompassing millions of dollars. As part owner and manager of small franchises with several other co-defendants, client and the co-def ... endants did not report all of the cash earnings to the IRS over a period of years. When client sought the assistance of Harris & Carmichael, they were able to intervene on his behalf with the prosecutors at Department of Justice. After months of meetings and ceaseless advocacy on their client's behalf, they secured a fair plea deal to one count of aiding and assisting the filing of a false tax return. Furthermore, they were able to limit his monetary exposure to only what he should have reported on his individual tax returns - a huge victory. Going into sentencing, client faced a sentence of up to three years of imprisonment. After submitting materials to the court in advance, and presenting evidence at the sentencing hearing, Ms. Harris was able to secure a sentence for her client of only 90 days of incarceration, followed by 90 days of home confinement, and restitution.

Phoenix S. Ayotte's Legal Cases (55)

FELONY JURY TRIAL- NOT GUILTY- 12 minute deliberation

Security Clearance- Foreign Influence- Reinstated

Felony Possession of Illicit Digital Images- PROBATION

Felony Drugs, Felony Obstruction

Anonymous- Security Clearance Appeal at DOHA

DOHA- Civilian Security Clearance- Reinstated

Commonwealth v. F.M.

Commonwealth v. M.F.

Commonwealth v. R.D.- Domestic Assault and Battery

United States v. M.R.