Case Results

*A CROSS SECTION OF CASES OVER TIME*

STATE V. TM

Practice Area: Child Abuse

Outcome: Case Thrown Out.

Description: We were retained after our client was arrested on child abuse charges. The client, in full control of his emotions, disciplined his 12-year-old child by hitting the child on the buttocks with a belt. The following day, the child actively played with peers and then went to a family dinner at a nearby restaurant, sitting on a wooden chair for over an hour. The child did not exhibit any fear towards the father, nor express any concern about any scratches, bruises or physical discomfort. When the police arrested the father, they also seized the client’s extensive, collector level assemblage of firearms. We contended that parents have the right to raise their children as they see fit, within specified guidelines. The case was thrown out at this point. We sent paperwork to the County Attorney’s Office Charging Section and the Case Agent including pre-file letters containing evidence that would absolve our client of charges, as well as requests that the Grand Jury become involved and be given the defense evidence. Several days later, the case was rejected and shortly after, the client’s firearm collection was returned, in its original condition. There were no charges filed.

UNITED STATES V. RC

Practice Area: Homicide/Violent Crime

Outcome: Murder: No Death Penalty. No Life Sentence.

Description: The client was charged with ruthlessly striking and killing his girlfriend in Indian Country. We presented expert testimony, and argued extenuating circumstances. As a result, the client will not serve a life sentence or receive the death penalty. He will be out of prison before he turns 33.

STATE V. AB

Practice Area: Probation Violation

Outcome: Absconder, Parole Violator – Reinstated.

Description: Our client had outstanding warrants and was returned from Texas to Arizona. He petitioned to have his parole reinstated after he violated probation and neglected to check in with his P.O. On a previous parole violation, he was sent to DOC. We got the warrants repealed and produced extenuating evidence at the disposition hearing. The client was restored to 18 months of probation.

STATE V. JD

Practice Area: Marijuana for Sale

Outcome: No Prison Time – Possession of 500 Pounds of Pot.

Description: Our client was prosecuted for having a quarter ton of marijuana in the sleeping area of his truck. The state charged him with Transportation of Marijuana for Sale, which carries a mandatory prison sentence. We entered plea negotiations and got our client no prison time, probation and approval to be monitored in California

STATE V. FAF

Practice Area: Marijuana for Sale

Outcome: Probation Granted.

Description: Our client was charged with possession of 13 pounds of marijuana for sale. A prison sentence is decreed, however, we discovered the State’s case was mishandled and entered into extensive discussions to lessen the charge. As a result, our client was given probation and three months’ jail time with full work release. This enabled our client to keep his job.

STATE V. RP

Practice Area: Armed Robbery/Violent Crime

Outcome: Full Jury Trial. Not Guilty.

Description: Our client, while on probation, was accused of armed robbery, a class 2 dangerous felony. We disputed the validity of the defendant’s taped police confession. In court, we conducted a voire dire and forcefully hard-hitting uncompromising. As a result, the jury returned a “Not Guilty” in less than one hour.

STATE V. PB

Practice Area: Absconder

Outcome: Reinstated to Probation. No Jail/Prison.

Description: In 2004, the defendant was found guilty of an aggravated DUI, served four months in prison and was released on probation. At this point, he fled and was found five years later and arrested for violating probation. The Probation Department demanded that probation be revoked and the defendant be sentenced to prison, while the prosecutor recommended prison or inpatient treatment. When we were retained by the defendant, we presented evidence of extenuating circumstances, presented written documentation and had relatives testify in court. Our client was released and his probation was reinstated immediately.

STATE V. JG

Practice Area: Rape/Sexual Assault

Outcome: Probation. No Jail. No Prison. No Sex Registration.

Description: Our client, a freshman in college, was arrested on charges of rape, kidnapping, sexual assault and aggravated assault. If convicted, these charges, class 2 dangerous felonies, would result in protracted jail time. We immediately assembled a defense team, including a private investigator and visited the crime scene, made measurements and took photos. We interviewed key people, hired an expert in assessing psychosexual risk and conducted a polygraph. We then reviewed police reports which revealed multiple errors, including two conflicting “victim” statements that came from examinations of two different police agencies. Out of the large number of police reports, there was one statement that indicated that the victim may not have been entirely truthful. Consequently, our defendant was given two misdemeanor eligible offenses with no prison or jail time, no sex offender registration and released immediately.

STATE V. SS

Practice Area: Six Probation Violations, Public Sex Indecency

Outcome: No Prison, probation reinstated

Description: This client was charged with many offenses, including violating probation six times. The state demanded that the defendant lose his probation and be sent to prison for a lengthy period. However, our client is an Iraq War Veteran experiencing severe Post Traumatic Stress Disorder (PTSD), which we believe had a huge impact on his actions. After unsuccessfully arguing with the state over extenuating circumstances, we filed an emergency motion to move the case the to the Veterans’ Court. With the motion granted, we compiled documentation about extenuating circumstances and reargued his case. Our client had his probation reinstated and was given specialized therapy at a VA facility with experience handling PTSD patients.

STATE V JL

Practice Area: Transportation of Marijuana for Sale

Outcome: Probation and jail granted, no prison. Given work release six days per week.

Description: Our client was charged with smuggling over 190 pounds of marijuana across state lines as part of an interstate drug ring after he rented an RV to drive from Phoenix to Chicago. We argued that the client had his constitution right against unreasonable searches encroached upon when his vehicle was pulled over. We negotiated a deal for our client to remain in his home state of Illinois, serve jail time with probation six days a week for work release, allowing him to keep his job.

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