A minor accident in a parking lot led to police in Jefferson County suspecting marijuana was the cause. We were ready to fight through trial showing the SFSTs and MJ observations were not consistent w...ith impairment. Fortunately, the DA misread the toxicology report and made an great offer. It is better to be lucky than good. It is important to have a lawyer that knows when he is getting lucky.
Sex crime
Trial Win - Sexual Assault
Aug 18, 2017
OUTCOME: Not Guilty by Jury Verdict
A college student hooked up with a girl at a party. She felt jilted when his intentions were only for the night. She filed with the University, which another attorney failed to help my client. I wou...ld have presented a better case and appealed.
Client hired me for the criminal case and we showed the truth of the case to a jury. We showed why she was not telling the truth. The DA refused to plea bargain. The jury believed my me and my client. I am humbled at the opportunity to handle cases that change lives - I work them relentlessly.
Sex crime
Frat House False Accusation of Sexual Assault
Aug 15, 2017
OUTCOME: Not Guilty on All Counts
My co-counsel on this case wrote:
“Our client was charged with sexual assault, arising out of an interaction that occurred between our client, an 18-year-old college student, and a young woman, also a... college freshman, at a fraternity party in 2015. After a consensual sexual act that took place in a closet in the fraternity house, the young woman falsely accused our client of rape. This set off a two-year period in which our falsely accused client was suspended from school, required to move back home, put his dreams of being a doctor on hold, and had serious criminal charges hanging over his head. If convicted, he would have faced potential prison time and sex offender registration.
Naturally, our client and his family initially wanted to demonstrate what a horrible person his accuser was – to go after her on the witness stand and prove that she was lying by placing her in as negative a light as possible. However, what Jason proposed was a different way to try the case, using methods that both of us had learned at the Trial Lawyers College.
Jason brought in a psychodramatist, Kaitlyn Larimer, to work with the client in the process of discovering the story – a way to go deeper and find not just the facts of the client’s story, but also the emotional content. In doing so, we were able to gain an understanding of our client’s emotions and actions, as well as an understanding of why this young accuser was not telling the truth about her interaction with our client on that evening.
We knew that attacking the accuser just wasn’t right – she had been caught up in a university system that had encouraged her to lie and exaggerate, and in many ways had been as victimized by the system as our client had been. We didn’t believe that a jury would respond well to attacking the accuser – even when she was being untruthful.
Jason and I set about to learn as much as we could about the accuser’s story, and to reverse roles with her in order to discover the feelings that were causing her to make this accusation against our client. This allowed us to do a cross-examination of the accuser which was non-combative, yet demonstrated to the jury that she had many reasons to make up this accusation.
Jason incorporated these same principles in opening statement, and truly made this case about telling the truthful story, and not about attacking the accuser.
We also made the trial about showing – not just telling – the jury what the truth was in the case. Jason contracted with an investigator who took measurements of the closet where the interaction between the client and his accuser took place. The closet was rebuilt using metal bars and foam board – to the exact size of the real closet. Jason had the closet admitted as an exhibit at trial, and I was able to get the client off the stand during his direct examination, and allow the jury to see what truly was and was not possible with two people standing inside that closet.
In the end, the jury was able to see our client’s story, and reached the right verdict. After four and a half hours of deliberation, the jury found our client not guilty of sexual assault.
The most rewarding moment for me was when our client’s father came back into the courtroom, and thanked us – not simply for winning the case, not for earning a not guilty verdict – but for doing it the right way. He thanked us for focusing on the truthful story of the case, and for treating the accuser with empathy rather than attacking her. Despite some initial skepticism, he had found empathy for the accuser, too, and understood that the jury did as well. And treating her accordingly had saved his son’s life.”
Domestic violence
Domestic Violence Dismissed
Jul 07, 2016
OUTCOME: Case Dismissed
After thorough investigation, we held a motions hearing where the DA wanted to bring in lots of so called prior bad acts of client. The judge ruled that they could not come in based on my arguments. ...After preparing for trial, including my client's testimony, we requested more information on the alleged victim. The DA finally saw the light and dismissed what would have been a fun trial for me.
Criminal defense
Cops Arrested Client Because He Asserted His Rights - Dismissed
Feb 04, 2016
OUTCOME: Case Dismissed by DA
Cops went to my client's house early in the morning looking for someone. The cops did not have a warrant. My client did not open the door, did not answer their questions and simply said to leave a ca...rd and lawyers will call you in the morning. The cops threatened him with arrest and worse. They told his grandmother they were going to teach him a lesson.
The lesson was that they are willing to make up a lie to get someone arrested on a Felony Attempt to Influence a Public Servant.
We proved the lie and set it for trial. We filed motions and served subpoenas on the cops. The plan was to put them under oath and compare their stories to each other and the reports. We were also setting up the Federal Civil Rights case to take their money.
A few days prior to the motions hearing, the DA dismissed the case. I suspect her bosses and the cop bosses figured out that they were about to have a huge problem and told her to dump it.
Criminal defense
Free Speech or Harassment?
Jan 20, 2016
OUTCOME: Case Dismissed
My client was attending the sentencing of his son in law. He made a comment to his wife as to what he thinks of what the victim said. The victim complained to the DA. The DA tried to get the Judge t...o hold client in contempt, but she refused. So, the DA had client arrested. We successfully argued the this was free speech AND did not fit the statute. The DA soon folded their tent and went home quietly.
Sex crime
False Allegation of Sexual Assault on a Child
Jul 14, 2015
OUTCOME: Case Dismissed With Prejudice by DA
My client was accused of molesting a 4 year old girl. She is the daughter of his girlfriend. We fought this case hard from the beginning. We helped the father and grandmother see that the police wer...e manipulating the truth. We showed the child advocacy interview to be full of errors resulting in unreliable evidence. We were ready to go to trial if necessary, but the DA folded, knowing we would win.
Sex crime
University Sexual Misconduct - Appeal Win
May 12, 2015
OUTCOME: Case Dismissed on Appeal
My client had consensual sex with a female student. She was trying to make her ex-boyfriend jealous. When that did not work, she played victim.
The University did no investigation and attempted to... impede my investigation. They spoke to no one, but continued to add charges, hoping we would fold. We fought instead.
Our investigation showed the truth. We were also able to show the University investigation was flawed and worthless.
Although we lost the initial hearing, we appealed it and won. We were ready to file a Federal Title IX and Civil Rights suit against the University if the appeal did not go our way. Fortunately, we did not need to.
My client's transcript is clear of any sexual misconduct. He has not been punished. He can resume his studies without blemish.
Criminal defense
Felony Dismissed
Dec 15, 2014
OUTCOME: Felony Case Dismissed
Client faced 2 felony marijuana charges. Although we were willing to deal to some kind of non-felony, DA refused to make this offer initially. Late in the case, the DA did make such an offer because ...they had witness problems. I learned of the witness problems. I had a defense and was ready for trial. Client was fully informed of options. We stared the DA down. The DA dismissed 3 days prior to trial.
DUI and DWI
DUI - win motion to suppress arrest
Oct 23, 2014
OUTCOME: dismissed after winning motions hearing and appeal
My client was stopped for not having current registration, but no other bad driving. He refused roadside tests and the chemical test. We showed reasonable explanations for the signs of consumption of... alcohol. The Judge ruled there was not probable cause to arrest and suppressed evidence including the arrest.
The DA filed an appeal and we fought it. The appellate court agreed with us and sustained the trial court. We win!