Recent Victories

RECENT VICTORIES

Aggravated Assault – No Charges Were Filed

Charges: The defendant was arrested for Aggravated Assault with a Firearm a third degree felony punishable by up to 5 years in prison. The charge also carries a 3 year minimum mandatory prison sentence under the 10-20-LIFE law.

Summary: The defendant and his friend received a call from an old girlfriend to pick her up that she was in trouble. When they went to the residence to pick her up, the three of them were confronted by four guys asking where they were taking the girl. During the confrontation, the victim alleged that the defendant pulled a firearm out and waived it in a threatening manner. The defendant and the other two individuals left the scene. The victim called the police and the defendant was arrested hours later with the firearm in his car. The defendant retained our firm the day after his arrest. We were able to secure three affidavits from the defendant’s friend, the girl the defendant picked up, and the victim’s friend who was next to the victim when the firearm was waived saying that the defendant did not pull a gun out at the scene. Also, we attained a recording of the victim asking the defendant to give him $3,000.00 and he would drop all the charges. As a result of our investigation, the state did not file any charges against our client.

Possession of Cannabis – Reduced from Felony to Misdemeanor Charges

Charges: The defendant was charged with Possession of Cannabis with Intent to Sell/Deliver within 1000 feet of a school a first degree felony punishable by up to 30 years in prison.

Summary: The defendant was alleged to have sold brownies containing cannabis at school. The recipients of the brownies all got sick and were transported to the hospital. They all gave statements advising that the defendant was the one that sold them the brownies and they knew the brownie contained cannabis. In speaking with the defendant, he admitted to bringing the cannabis laced brownies to school and selling them. In discussions with the prosecution, we presented them with the defendant’s outstanding school record and a potential issue regarding a constutional violation that could result in the suppression of evidence. As a result, the state agreed to drop the feloy charges and charge the defendant with a misdemeanor possession of cannabis.

Felony Battery – Charges Dropped

Charges: The defendant was charged with Felony Battery a third degree felony punishable by up to 5 years in prison.

Summary: The defendant allegedly slapped his wife in the face in front of their 17 year old son. The defendant had prior batteries in the past, as such the charges were upgraded to a felony. We spoke with the alleged victim, the defendant’s wife, who agree to sign a waiver of prosecution. She did not say that her husband did not slap her but instead said she does not wish to prosecute. We then spoke with the defendant’s son, the witness. Unfortunately, the witness had Hashimoto’s Encephalopathy. After consulting with an expert witness, we learned that this is a rare disease that caused short term memory loss. After presenting the information about the witness to the prosecution, they agreed to drop the felony charges against the defendant.

Possession of Alprazolam – All Charges Dropped

Charges: The defendant was charged with Possession of Alprazolam with Intent to Sell or Deliver a third degree felony punishable by up to 5 years in prison.

Summary: The defendant was driving a car with four passengers. The car was stopped by the police for having an obscured tag and tint that was too dark. Upon stopping the car, the police asked for permission to search. Upon searching the car, the police discovered Alprazolam in a cigar tube in the center counsol. Our client was the only person arrested. We spoke with the prosecutor and argued that our client did not have knowledge that the drugs were in his car. After providing case law that supported our position, the state dropped all charges against our client.

Felony Criminal Mischief – Felony Charges Dropped

Charges: The defendant was charged with Felony Criminal Mischief, a third degree felony punishable by up to 5 years in prison.

Summary: The defendant and victim were dating for months prior to this incident. After the victim broke up with the defendant, the defendant began to follow the victim. One night, the defendant came to the the house of the victim to get some property back. The victim and defendant got into a argument and the victim went inside. The defendant then allegedly scratched the hood of the defendant’s new car. The police were called but the defendant had already left the house. The police called the defendant in for questioning and she denied the allegations. She was placed under arrest. In speaking with the victim’s lawyer, we discovered that the alleged damages were not the same amount that were initally told to the police. Based on our investigation, the felony charges against the defendant were dropped.

Firearm Robbery – State Dropped Charges

Charges: The defendant was charged with Firearm Robbery, a first degree felony punishable by life in prison.

Summary: According tot he victim, the defendant and two other individuals approached the victim at a public park. The victim complained that a gun was pulled and pointed at him. He was made to kneel down and the defendant went into his pockets and took his cell phone and some money. The victim was then told to run. The defendant all ran away and jumped over a fence. The victim knew the defendant and was able to identify him to the police. The other two individuals were not identified. The police located the defendant walking through a neighboring community however he did not have a cell phone or any cash on his person. The defendant spoke with the police and told them he was a victim of the robbery as well. He told the police that 3 males robbed him and the victim, the defendant provided three names to the police in his statement. During our investigation, we found out that the police never looked for any of the people the defendant said robbed him. In researching the victim, we determined that he was a defendant in 3 cases as well. Also, through deposition, we determined the the lineup provided to the victim was prejudicial in that the defendant was the only individual with a white shirt. After the depositions and many discussions with the prosecutor, the state dropped the robbery charge and the defendant received probation.

Trafficking in Cannabis – The mandatory prison sentence and mandatory fines were waived.

Charge: The defendant was charged with Trafficking in Cannabis, a first degree felony punishable by up to 30 years in prison and a 3 year minimum mandatory prison sentence and mandatory $25,000 fine.

Summary: The defendant was purchasing growing equiptment from a local grow store and was observed by law enforcement exiting the store with the equiptment. Law enforcement followed him to his residence and pulled the electric records for the residence and surrounding residences. Law enforcement also walked the perimeter of the property and allegedly smelled the odor of cannabis coming from the residence. Based on the above, a Judge signed a search warrant. When the warrant was executed, law enforcement discovered 65 pounds of cannabis inside the residence. The defendant was arrested. We spoke with the prosecutor about the legality of the search warrant and the weight of the cannabis. Depositions were conducted. In discussing the weight of the cannabis with an expert, we had a good feeling that if the cannabis was reweighed, the weight would come back below the statutory amount for trafficking due to the drying time that had passed. After lengthly discussions with the prosecutor, the defendant received 120 days in jail and 3 years of probation. The mandatory prison sentence and mandatory fines were waived.

Manufacturing Cannabis – State dropped all Charges

Charges: The defendant was charged with Manafacturing Cannabis, a third degree felony punishable by up to 5 years in prison.

Summary: The defendant was in the back yard of his home and noticed a police officer running on the side of his house. The police were there investigating a complaint at his neighbor’s home. According to the police, the defendant picked up a small plant which appeared to be cannabis and ran and hid it in his back yard. The police came in his back yard to investigate. They located the plant and spoke with the defenant, who admitted “he wanted to see if he could grow it.” After discussion with the prosecutor, the State dropped all charges.

Battery – State Dropped all Charges

Charges: The defendant was charged with Battery, a first degree misdemeanor punishable by up to 1 year in jail.

Summary: The alleged victim went to the defendant’s friends house to pick up his child. An argument started between the child’s mother and the alleged victim. The defendant’s friend stepped in to protect the child’s mother and a fight ensued between the alleged victim and the defendant’s friend. The victim is approximately 6’2″ 250 pounds and the defendant’s friend is about 5’10” 145 pounds. As they fought, the defendant came to the aide of his friend. He attempted to pull the alleged victim away and stop the fight. The alleged victim hit the defendant and the defendant and the victim started to fight. The police came to the scene and the defendant and his friend were arrested. Through our investigation, we discovered the alleged victim had an extensive criminal history and was currently in custody on pending charges. The day prior to trial, we took the victim’s deposition in the courtroom. Based on our questioning of the alleged victim, the State dropped all charges.

Introducing Contraband into a Detention Facility – All Charges Were Dropped

Charges: The defendant was charged with Introducing Contraband into a Detention Facility, a third degree felony punishable by up to 5 years in prison.

Summary: The defendant turned himself into jail to serve a sentence. Upon entry into the detention facility, the defendant was searched. Authorities allegedly located a particially smoked cigarette and half of a toothbrush in the defendant’s sock. We discussed the case with the prosecution and pointed out that the police never asked the defendant if he had any contradband on his person prior to the search. Also, he was never advised that he could not bring a toothbrush into a detention facility. Prior to trial, all charges were dropped against the defendant.

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