Recent Case Results

A woman was changing her infant child when the child accidentally fell to a carpeted floor. The woman’s husband was present in the room and corroborated the event. The parent’s immediately took the child to the local emergency room. After examination the child was sent home. Two days later the mother, concerned for the child’s behavior, took the child to the Pediatrician. The Physician’s Assistant assured the mother that the child probably had a cold that was causing the concerning behavior. Approximately two days after the Pediatrician visit the child had a seizure and was rushed to the Emergency Room. The child was diagnosed with a Subdural Hematoma (Bleeding in the Brain). The child was transported to a University Hospital where the doctor at that facility alleged the child was the victim of “shaken baby syndrome”. The Department of Children and Families and the Police were notified. Both parents were charged with Assault in the First Degree and the child was placed in a foster home. After a thorough review of the child’s medical records we determined the child had a preexisting condition making them susceptible to a Subdural Hematoma if exposed too little of no trauma to the head. Using an expert witness the case was disposed of with a dismissal of charges and the return of the child to the parents.

A young woman was being severely beaten by her boyfriend. She broke away and locked herself in a bathroom. Believing the boyfriend had fallen asleep she left the bathroom but the boyfriend emerged from an adjacent bedroom and chased her as she ran for the backdoor. Realizing she could not get out of the door before being caught she grabbed a kitchen knife and held it in front of herself. The boyfriend ignoring the knife rushed forward to assault her and impaled himself on the knife causing a serious wound. The young woman called the Police but was extremely hysterical and upon Police arrival had a difficult time explaining what happened. The young woman was charged with Assault in the First Degree. By presenting photos of bruising to both sides of the young woman’s face, both knees, ruptured blood vessels in her eye, witness statements as to past conduct of the boyfriend as well as his demeanor just prior to the assault we were able to convince the State and Court to allow the young woman to use a pretrial diversionary program. Upon successful completion the charges were dismissed.

The client, a young African American male, was an armed Security Guard. While visiting with friends one night he was approached by another male who he knew and lived across the street. This male, who appeared to be under the influence of hallucinogenic substances became physically aggressive and threatened to kill the client. This subject then reached behind his back into the waistband of his pants and brought his hand violently forward as if pulling a weapon to make good on his threat to kill the client. Fearing for his like the client drew his own weapon and shot the subject once in the chest. Fortunately the gun shot stopped the aggression and was not fatal. The client was under investigation for Assault with the firearm. By aggressively taking detailed statements we were able to show that the client had a legitimate fear of the imminent use of deadly force against him. The Police prepared a Warrant for the Client’s arrest but had to include the exculpatory statements we provided. As a result of the lack of cooperation of the second subject and the exculpatory statements the State declined to go forward with an arrest.

The client, a male juvenile in his mid-teens, was accused of Sexual Assault by a female of approximately the same age. The client and the complaining witness were with a group of friends. At one point the client and the complaining witness were alone on the first floor while the friends were on the second floor directly above them. By working closely with the Police it was determined that the Sexual Assault could not have occurred without the other people present becoming aware of it. All others present gave statements consistent with the Client’s statement. No charges were brought.

The Client, a mid-teens Juvenile, downloaded a large amount of pornography on his laptop and home computer. The Client’s parent discovered the pornography and turned the laptop computer over to a computer expert to delete the pornography. The computer expert saw titles that led him to believe some of the pornography may have included minors. The laptop was turned over to the local Police. The Police seized the computer and did not secure a Search and Seizure Warrant for more than 24 hours and viewed the titles on the computer before the issuance of a Search and Seizure Warrant. After receiving the Search and Seizure Warrant the Police viewed the contents of the laptop computer. They then obtained a Search and Seizure Warrant for the Client’s home and home computer and seized the home computer and other electronic devices. During the course of the search the police interviewed the Client who requested an attorney. However, the Police told him he didn’t need one. The Police did took no enforcement action for more than six months. The State’s initial offer was a guilty plea with a sentence of 12 years suspended after 8 years with more 20 years of probation and lifetime registration as a sex offender. While out on Bond the Client was involved in an incident where it was alleged he cut a friend on the neck with a knife. Counsel filed a lengthy Motion to Suppress the physical evidence based upon Violations of the Client’s Federal and State Constitutional Rights. Additionally, Counsel had the Client and his behavior evaluated by a psychiatrist. As a result, the Client who had remained incarcerated since the Assault charge was offered a sentence that would only require them to serve an additional 6 months, 10 years of probation and 10 years of registration as a Sex Offender but limited to disclosure to Law Enforcement only.

The client was the owner of a Gentleman’s Club that had been in operation for many years. The Police conducted an undercover operation and in an Arrest Warrant alleged that “lap dances’ constituted Prostitution. The Arrest Warrant was signed by a Judge and the client was arrested. Through effective pleas negotiations, the Client was admitted into a Pretrial Diversionary program. Upon successful completion, all charges were dismissed.

The client had a prior series of Motor Vehicle Violations that led to incarceration. Post incarceration the client was arrested for similar Misdemeanor Motor Vehicle charges and subsequently charged with violation of the terms of their probation. The client was facing a return to incarceration on the Probation charges as well as additional incarceration for the new charges. After interviewing the client it was determined that the client, a former military pilot was suffering from Psychological impairments that were previously misdiagnosed that made it difficult for them to comply or cope with the Motor Vehicle Department bureaucracy. Working closely with the client we were able to get a proper diagnosis. Additionally, we assisted the client in efforts to come into compliance with the Motor Vehicle Department requirements. By putting together a package of information that showed his actions were not willful and getting the client into a diversionary program designed to meet his psychological needs we were able to get the new charges dismissed and no additional incarceration on the Probation Violation.