Obstucting Legal Process Charge Dismissed - Client was charged with the crime of Obstructing Legal Process, based on his refusal to provide a middle name to a police officer, when performing a follow-up interview of client's eye-witness report of a suspected burglary. By highlighting relevant case law concerning a person's right to withhold personal information from a police officer, and by emphasizing the absurdity of punishing a citizen who is attempting to prevent a crime, we achieved a total dismissal of the charge, preserving our client's untarnished record.
Client was charged with Driving After Cancellation/Inimical to Public Safety. Through our case investigation and negotiations, we were able to illustrate the State's taking of client's driving privileges as arbitrary. Client received a dismissal of the charge. Client was further able to maintain his participation with the State's Ignition Interlock program, virtually uninterrupted, and was able to avoid two potentially very serious probation violations.
Attorney Elizabeth Levine negotiated a 4th Degree DWI (.15 BAC) down to a Careless Driving, due to circumstances and conditions deemed in a measure mitigating for the Prosecuting Attorney and Court. A negotiated settlement helped to preserve our client's future goals, including significant employment options.
We were able to protect client's stay of adjudication even after a probation violation on conditions from charges of Assault, Underage Consumption, and Disorderly Conduct. Working with client, probation, and the court, client retained a clean record.
No Conviction on Felony Drug Charge - Client was charged with two counts of felony Drugs Sale and one count of felony Drug Possession. Through investigation and significant negotiations with the County Attorney, we were able to get dismissals on both Sales counts, and a Discharge and Dismissal on the possession charge, thereby keeping our client's record clean.
Felony Drug Charges Dismissed - Client was charged with two felony counts on Drug Sale and Possession. Through case investigation by our law firm, as well as legal challenges to the State's case, we were able to attain a dismissal of both counts.
Client was charged with Driving After Cancellation/Inimical to Public Safety (DAC/IPS). Client was on Probation to two counties for DWI and DAC/IPS convictions within the last two years. He was potentially facing significant jail time, should he be convicted, in addition to the forfeiture of his motor vehicle. We demanded a Jury Trial and prepared for trial. Consequently, despite client's prior convictions, the Prosecutor agreed to Continuance for Dismissal. Our client did not have to plead guilty to the charge. He agreed to pay the prosecution and court costs. There was no conviction, so there were no probation violations.
A 911 call was made reporting that client had been involved in a "hit and run" accident. Client was identified and later arrested for DWI, providing a .15 blood test, within two hours of the time of driving. We raised a Post Consumption defense based on client's report that she had consumed alcohol after driving, and prior to her arrest. We took the State to Trial. The Jury found the defendant not guilty on both Counts of DWI.
No Conviction for Small Amount Possession Charge - Client was charged with Possession of Marijuana in a Motor Vehicle. He faced a 30 day drivers license revocation and permanent mark of "Sale or Possession of Controlled Substance" on his driving record, if convicted. He had no criminal history, and wanted to maintain that record. He further faced potential sanctions to be imposed by his university. We negotiated a Stay of Adjudication, so that there was no conviction, preserving his eligibility to receive financial student aid, and maintaining a clean criminal record, as well as a clean driving record. He also kept his drivers license.
Felony Fleeing in a Motor Vehicle Charge Dismissed - Client was charged with Felony Fleeing a Police Officer in a Motor Vehicle, and DWI. His vehicle, valuing above $10,000 was seized upon arrest. We negotiated a stay of adjudication on the Felony Fleeing charge. The motor vehicle was returned to the client, with zero costs for towing or storage. Also, the DWI charge was amended to a Careless Driving. Client was to serve up to one year probation, and no time in jail. There were no immigration consequences as a result.
Felony Drug Charge Dismissed - Client was charged with 4th and 5th Degree Sales of a Controlled Substance and 5th Degree Possession of a Controlled Substance, all felonies. At the evidentiary hearing, Defense presented evidence that the search was likely illegal and that the State could not prove that the Defendant had intent to manufacture or sell any illegal substances. Client had an inside nursery that was not functioning. The Defense Counsel and the State wrote arguments to the Court. The Court concluded that the State lacked probable cause to charge our client. All charges were dismissed. Conclusion: possession of only 14 grams of an illegal substance, and merely possessing grow equipment, did not support probable cause to charge felony Sale of a Controlled Substance.