Case No. 1 - Domestic Abuse.
My client was charged with domestic abuse, but he suffered from bipolar syndrome. At the time of the incident, he did not know he was bipolar but waslater diagnosed as such. After presenting documentation from a medical doctor and the testimony of his girlfriend, the prosecution agreed to let him do community service and attend counseling.
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Case No. 2 - Drugs.
My client was arrested outside his car, in a coma, where a lot of cocaine was discovered. My client was charged with Trafficking drugs. A conviction on this charge permits no probation. My client and I discussed the facts of the case at length, and we considered the validity of the arrest, especially since the police claimed he had given permission for a search while paramedics attended him.
When we got to court, the District Attorney sought a heavy penalty. First, I ordered a test of the substance and showed its quantity was less than the quantity claimed by the District Attorney. This dropped the charge down from Trafficking.
Then, at the preliminary hearing, I was able to have my client held for trial on a still lesser charge of simple Possession, rather than Possession with Intent to Distribute the cocaine (which would have been the next step down from Trafficking.
Finally, I proved that what the District Attorney was claiming as a prior conviction (which greatly increased the punishment) was not a conviction at all. Thus, the penalty dropped from a maximum of life imprisonment to a maximum of 10 years, with a minimum of 2 years and the possibility of probation.
From there, we were able to ask the judge and succeeded in receiving community probation, with the guarantee that the prosecution would ask the Judge for no more than a nine-month drug treatment program.
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Case No. 3-Intimidation of a Witness.
My client was charged with Intimidation of a Witness. The witness was scheduled to testify against my client in a criminal prosecution. The police claimed tha, while the witness sat in the hallway of the courthouse right outside the District Attorney's office, my client approached the witness and made threats to her. That was the evidence at the preliminary hearing.
On cross-examination during the preliminary hearing, however, I got the witness to admit that those threats had nothing to deo with the witness's being a witness for prosecution, that the threats were directed against the witness simply because my client did not like the witness.
The judge dismissed the case on the spot for lack of evidence.
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Case No 4 --- Driving under the Influence.
My client was charged with DUI. When the police arrived, he was not in the car, but the police arrested him anyway. There was a question as to whether they could prove he was the driver, and that is the issue I put forth as my apparent defense. At a hearing, the police officer testified that a neighbor had seen my client get out of the car, but on the passenger side. But while the prosecution focused on proving that my client had been the driver, I proved that the incident did not occur on a public street, and thus got the case dismissed.
The prosecution must prove that the act of driving or being in actual physical control was on a public street. Here, the incident took place on the driveway of a planned community that had an entry gate, and the police officer testified he had to drive approximately ¼ mile from the gate to get to my client's car. The judge dismissed the case for lack of jurisdiction.
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Case No 5 - 2nd Driving under the Influence.
My client went out to a party, had a number of drinks and started to drive home. On the way home, he realized he shouldn't be driving so he pulled into a nearby parking lot, parked his car and fell asleep. The next thing he knew, someone was knocking on his car window, asking him to get out of the car. He learned he had chosen the parking lot of the Oklahoma City Police Department to sleep it off, the lot where the police officers park their personal cars when they report to go on duty.
The police arrested him for being in "Actual Physical Control" of a motor vehicle while under the influence of alcohol. This was not my client's first or even second arrest for driving with alcohol, but, after using some legal maneuvers, I was able to get my client probation. He was extrememly happy and relieved.
The above examples show how various complexities can have a big effect on the outcome of your criminal case, and that it's critical to have an experienced and talented lawyer who is not afraid of going to trial, if necessary, to defend your rights.
I also want to point out that this website is not meant to substitute as legal advice - you must still seek competent legal advice.
While your criminal matter will be unique and no lawyer can guarantee a specific outcome, it's important that you carefully choose the attorney who will defend you in this serious situation. This may be one of the most important decisions you make in your life - as you may be living with the results the rest of your life.
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