Attorney Ephraim William Benjamin's Legal Cases

Criminal defense

Possession of child pornography

Aug 16, 2017

OUTCOME: The state dismissed the case, on the eve of trial.

I was retained after a search warrant was served on my client’s residence. Prior to my client being charged, I obtained a copy of the search warrant affidavit. I noticed a few issues with the search wa ... rrant affidavit. We prepared a suppression motion and motion to dismiss, prior to my client’s arraignment. At my client’s arraignment, I filed my suppression brief and motion to dismiss, my client was given a PR Release, even though the state requested bail in the amount of $100,000.00.

Criminal defense

Retained as rape allegations were being investigated.

May 01, 2016

OUTCOME: The detective recommended that the case be closed and no charges were filed against my client.

My client a high school senior discovered that he was being accused of rape by a classmate. Her ex-bf found out that she had had sex with my client and was being abusive to her. She then claimed that ... my client raped her. I was retained prior to the detectives meeting him. I contacted the investigating detective and informed her that we would meet with her, after I did my own investigation. Prior to meeting with the detective, I obtained additional information from my client, including text messages and proof that his accuser had invited my client over to her parents home and had sex with my client, while her father was working in his garage. I provided the detective with additional information, when my client and I met with her.

Criminal defense

1 count of Assault in the second degree and 2 counts of assault in the 4th degree.

May 21, 2015

OUTCOME: Not guilty on all counts.

Friends are out having dinner and drinks. One of the friends brings along a relative who becomes belligerent. The friends go back to the residence of one of the friends. The belligerent relative gets m ... ore belligerent and won’t leave the residence of my client. A struggle ensues and the belligerent relative ends up getting injured, after he attacks my client. His relatives intervene and my client gets charged with 1 count of assault 2 and 2 counts of assault 4.

Criminal defense

Attempted murder in the first degree

Jan 01, 2008

OUTCOME: Case reversed on appeal, due to abuse of discretion by Judge.

This was a gang related case and one of the big issues was over the right to confrontation, in State v. McDaniel. The trial Judge did over ruled my objection to having the gang detectives testify rega ... rding information that they obtained from confidential informants. The Court of Appeals disagreed with the trial judge and reversed my client's conviction.

Criminal defense

Murder in the first degree

Jan 01, 2008

OUTCOME: case reversed for retrial

State v. George, the Judge refused to give the self-defense instruction after I had presented a self defense case. The Court of Appeals reversed the trial court, finding that I was correct in my analy ... sis of the self defense instruction and that the Judge had abused her discretion.

Criminal defense

State v. Mcgriff

N/A

OUTCOME: NOT GUILTY ON ALL 6 COUNTS

http://www.thenewstribune.com/news/local/crime/article196515914.html

Ephraim William Benjamin's Legal Cases (6)

Possession of child pornography

Retained as rape allegations were being investigated.

1 count of Assault in the second degree and 2 counts of assault in the 4th degree.

Attempted murder in the first degree

Murder in the first degree

State v. Mcgriff