Felony Theft Charge Dismissed
Client had their C felony theft of a motor vehicle charge dismissed after a preliminary hearing due to the part of the vehicle he was in. The officers testified that he was in the back passenger seat. Because of this fact, the prosecution could not establish that he had any actual ability to control the vehicle – which meant one of the key elements of felony theft of a motor vehicle could not be met. Our attorney made the argument as to that fact, which prompted the judge to agree and dismiss the charge.
Felony Sentence Suspended
Client was charged with felony vandalism and an assault on a medical professional, facing six to ten years in jail. At a sentencing hearing, our attorney was able to present the client’s personal story to the court and argue for probation. After testimony and arguments, the court found several mitigating factors applied to the situation and sentenced the client to the lowest time possible and suspended the sentence to probation.
Order of Protection Against Client Not Granted
Client had an order filed against her by a former partner. Our attorney’s cross-examination of the ex-partner revealed inconsistencies, bias, and improper basis in their filing, which ultimately led to the judge not granting the order. With the order of protection not granted, the client had a successful outcome in an ongoing child custody-related issue.
Order of Protection for Client Granted
At a hearing, our attorney presented evidence illuminating the abuse Client was suffering, including a record of texts, calls, and behavior warranting an order of protection. The judge agreed with our arguments and granted the order for our client.
Violations Dismissed
Client was charged with new misdemeanors and felonies which, in turn, each resulted in a violation of the felony sex registry conditions for each charge. Each registry violation was an E level felony, for a total of twelve violations total. The officer who oversaw swearing out the warrants and prosecuting them did not come to court despite being subpoenaed. The officer’s lack of further prosecution resulted in us making a successful argument for all the violations to be dismissed.
Lowest Felony Charge and Expungement Opportunity Obtained
Client was charged with multiple felonies involving a drive-by shooting event and multiple suspects – including things like felony drug, weapon, and assault offenses. After reviewing the body-cam footage, our attorney’s conversations with the responding officer and the prosecution, it became clear that, at the absolute most, the prosecution regarding Client could only confidently move forward with the lowest of the felonies – reckless endangerment. Client then agreed to a resolution that included the dismissal of four felony charges. Client was also eligible for judicial diversion which meant that, if his probationary sentence is successfully completed, he will be eligible for the otherwise permanent felony conviction expunged from his criminal record.
DUI Charge Reduced and Multiple Other Charges Dismissed
Client was charged with a THC-based DUI. He was pulled over for speeding, where the State Trooper incorrectly identified impairment indicators in Client in the initial stop. The trooper alleged failure of field sobriety tests and odor of alcohol and marijuana. The tests ultimately found 0.0 alcohol in his system. In preparation for trial, our attorney consulted with an impaired driving expert who – after careful review of the body-worn camera, reports, and blood results – concluded that it was highly unlikely that there could be a finding of impairment sufficient to convict on a DUI. Additionally, the prosecution’s sheriff’s officers failed to maintain or provide evidence on the simple possession of THC indictments, which resulted in those being dismissed. After final pre-trial negotiations with the prosecution, our attorney got the DUI charge reduced to reckless driving, owing to speeding and not impairment.
Felony Domestic Assault Charge Reduced to Misdemeanor
Client was charged with aggravated domestic assault with strangulation. While the alleged victim was testifying during the preliminary hearing, her description of the interaction did not factually fit the statutory requirements for strangulation. After cross-examination, which confirmed her testimony about the incident, our attorney made the argument for the charge to be reduced from a C felony, which carries a possible 3- to 15-year sentence, to an A misdemeanor, which only carries a possible maximum 1-year sentence. Based on the testimony, the judge agreed with our attorney and reduced the charge.
Felony Possession with Intent to Distribute Nolle’d by Prosecution
Client was charged with felony intent to distribute marijuana when client was pulled over as a passenger in a vehicle with a friend. After discussions with the officers who arrested Client, it became clear that Client had no knowledge or involvement with the substances recovered from the vehicle. The prosecution could not prove any of their charges against her and therefore had to enter a notice of non-prosecution.
Probation Reinstated After Violation
After a hearing where our attorney presented evidence as to the root cause of the probation violation and testimony from a Veteran’s Court representative on Client’s behalf, our attorney got his probation reinstated. Our attorney also got Client back into the Veteran’s Court to keep him on a path to recovery and access to resources. The judge could have revoked his probation and put his jail sentence into effect. Instead, she chose to believe in him after our attorney’s arguments at the hearing.
Connect with Philip N. Clark right away!
(615) 785-2000
