OWI (Drunk Driving) charge against my client who was found by the police slumped over the wheel at a red light with the engine running. Although he was well over the legal limit with his breath-test r...egistering higher than normal for a reduced plea in this county, I was able to negotiate a lesser charge for him to plead to.
Criminal defense
People v. J.C.
Jan 09, 2014
OUTCOME: Reduced Charges
Client charged with Domestic Violence. Evidence showed the incident was more than likely a mutual combat so I was able to obtain a lesser charge of Disorderly Conduct for my client. No jail and even t...hough he was already on probation, this plea resulted in no probation violation against my client.
Criminal defense
People v. W.W.
Dec 31, 2013
OUTCOME: Dismissed
Client was charged with Domestic Violence and was adamant that she never touched the alleged victim. I investigated the case and was able to elicit an admission from the alleged victim that when my cl...ient called 911 to have him removed from her home, he began hitting himself in the face and scratched his own face with his ring, then told police she did it. He was highly intoxicated at the time and was also under the influence of pain meds.
Although the prosecutor still wanted my client to plead guilty as charged, they no longer had a case and finally agreed to dismiss the charges.
Criminal defense
People v G.V.
Dec 19, 2013
OUTCOME: Reduced Plea
Client was charged with OWI (drunk driving) with a B.A.C. of .14%; Open Intox (having an open container of whiskey in the vehicle); and the state police lab was still testing the suspected cocaine that... was found in the vehicle after the drug-sniffing dog alerted officers to it. I negotiated a plea deal where my client would plead guilty to a reduced charge of "Impaired" driving (a lower form of drunk driving with lower penalties), and to the open container in exchange for the original OWI being dismissed and the prosecutor agreeing NOT to charge my client with the felony cocaine possession.
Criminal defense
People v. K.N.
Nov 14, 2013
OUTCOME: Dismissed
Client was charged with a criminal charge after a traffic stop for a minor violation. Although the original violation was minor, the officer became upset with my client and the criminal charge was add...ed. After negotiating with the prosecutor, I was able to get the criminal charge dismissed entirely.
Criminal defense
People v. D.L.
Nov 01, 2013
OUTCOME: NOT GUILTY
ANOTHER CLIENT VICTORY! After 9 months of hard work, the jury finally told the prosecutor’s office what I have been trying to tell them. NOT GUILTY of OWI (Drunk Driving). NOT GUILTY of Disorderly C...onduct - Drunk in Public. Guilty only of Driving While License Suspended.
Criminal defense
People v. J.B.
Oct 15, 2013
OUTCOME: Dismissed
The prosecutor’s office filed a motion asking the court to order my client or me to reimburse the police department the overtime costs for the police officers that I subpoenaed for a recent jury trial.... It was the prosecutor’s position that because I subpoenaed about 10 police officers and then only a few of them testified, the defense should pay because the officers sat in the hallway for 4 hours and then were not needed.
I started addressing the court this morning by saying I first thought it was an April Fool’s joke when I heard the prosecutor’s office had filed such a ridiculous motion. I then reminded the court that there is no law or rule supporting such a position and further, that clearly the prosecutor’s office had not considered the consequences of their request. You see, if the police officers called as witnesses by the defense are considered defense witnesses, then they are only entitled to the standard witness fees (about $14.00 per day) that every other witness receives. Although I would be more than happy to pay each officer $14.00 as soon as I received notice from the police department that the officers repaid the overtime money they already received; if the court were to grant such a motion, every police officer and police union would likely storm the court once they learned they no longer get time-and-a-half per hour, but a simple $14.00 per day.
The prosecutor also argued that I was abusing my subpoena power because I ordered so many to appear but most of the officers were never called to testify and that I refused to explain my actions on the day of the trial. To this, I responded by reminding the court that I am under no duty to inform the prosecution of my specific defense strategy. At no time was I obligated to tell the prosecutor why I requested all 10 officers to appear. My position with the jury was that each of the officers arrived to the hospital to take a report, but not one of the 10 police officers ever went to the alleged crime scene, about 10 blocks away, to investigate to see if the alleged victim’s story was even possible. Because the first few officers testified that not only did they not go, but that none of the other officers went to the scene, I was able to release the remaining officers when the prosecution rested its case. Had the first few officers testified that they did not go to the scene, but that they could not answer for any of the other officers, I would have had to call each one to the stand and ask them individually. I then reminded the court that this strategy was successful as the jury found my client not guilty on the most serious charge.
Ultimately the judge agreed and denied the prosecutor’s motion for costs.
As a former cop myself, I have many friends who are police officers and I do not feel we are on opposite sides. We may have different viewpoints but we, along with the prosecutors, are all charged with the duty to seek justice – to find out what really happened. As with any sport, you may root for one team but without the other, the game cannot be played. Without effective defense attorneys, everyone arrested would be convicted whether guilty or not.
(While this matter was only a motion filed on a specific case and not the entire case, I thought it was worth noting because just as I have never seen such a motion, the judge also mentioned that she had never seen a filing such as this in her 25 years in the law.)
Criminal defense
People v. D.L.
Oct 04, 2013
OUTCOME: Dismissed
Client was charged with larceny. After reviewing the evidence and I determined that there was no evidence directly connecting my client to the theft and after discussing the matter with the police and... the prosecutor, I was able to obtain a dismissal of the charges.
Criminal defense
People v. J.B.
Sep 06, 2013
OUTCOME: Not Guilty on most serious charge. Guilty on less serious charge.
2-Count criminal jury trial.
Criminal defense
A.M. vs R.B.
Jul 16, 2013
OUTCOME: Dismissed
Client had a Personal Protection Order (PPO) filed against him by his ex-girlfriend. I was able to get the PPO terminated after cross-examining the ex-girlfriend and getting her to testify that her tex...t messages were true. The texts contradicted the statements she made in a police report and her application for the PPO.