We Bully the Bullies

Case ResultS

DUI .101 blood alcohol – dropped to reckless driving, no jail, no probation

November 18, 2016

Result =

DUI charges dropped, client plead no contest to reckless driving. No jail, no probation, no alcohol classes, no ignition interlock device.

Client charged with 2 counts of DUI.  Blood alcohol measured at .101.  Client facing mandatory jail, fines, alcohol classes, ignition interlock device.  Client alleged to have driven in a two way turn lane for a mile and a half.  Odor of alcohol, slurred speech, poor balance.  Reviewing laboratory results,  I found likely contamination.  Field sobriety tests not properly conducted.  Mitigation utilized in deviation request to prosecutor to significantly lower client’s charges.  Result = DUI charges dropped, client pleads no contest to reckless driving.  No jail, no probation, no alcohol classes, no ignition interlock device.  Happy client and client’s family.

Domestic violence assault and criminal damage with immigration consequences – dismissed.

November 10, 2016

Result =

case dismissed.

City of Phoenix – client charged with domestic violence assault and criminal damage with collateral immigration consequences upon conviction.  Case dismissed.

Graffiti – mandatory 10 days jail avoided

November 7, 2016

Result =

mandatory jail avoided.

City of Phoenix graffiti  charge carries minimum 10 days jail.  Took several attempts with the prosecution to show that client had turned life around and was behaving like a responsible adult, but it worked.  Plea to alternative charge of criminal damage with all jail suspended.

Criminal damage (domestic violence) – Case dismissed.

September 15, 2016

Result =

Case dismissed.

Risk = 4 months jail, 2 years probation, $750 fine plus surcharge, loss of gun rights.  Trial arguments all ready to go, victim impeachment ready, prosecution dismisses.

Disorderly Conduct (high school brawl) – case dismissed on defense motion.

September 8, 2016

Result =

case dismissed after defense files motion to dismiss based on State’s lack of due diligence in prosecuting the case.

Disorderly conduct.  Risk = up to 6 months jail, 3 years probation, $2500 plus surcharge.  Client accused of fighting during a large high school brawl.  Case from 2012.  State did not make efforts to locate client and bring case to conclusion in a timely manner.  Filed motion to dismiss with court.  State dismisses.

Shoplift + assault, client in custody. Witness problems = case dismissed.

September 2, 2016

Result =

highlighted weaknesses with prosecution’s primary witness result in dismissal.

Risk = up to 6 months jail.  At first hearing with client already in jail custody, discovered that prosecution will have major problems obtaining victim/witness testimony.  Demonstrated weakness of prosecution’s position to the prosecutor, case dismissed.

Domestic violence assault while on probation for felony aggravated assault – dismissed.

September 2, 2016

Result =

Case dismissed.

Client faced up to 6 months of jail for domestic violence assault and years of prison if found in violation of probation for felony aggravated assault for committing a new crime.  Case dismissed.

2nd felony Aggravated DUI – Client saved between 2 and 7 years prison.

August 22, 2016

Result =

5 months prison plus 2 years probation with 100 hours community service instead of 2.25 – 7.5 years prison.

2nd Aggravated DUI.  One prior felony aggravated DUI, one prior misdemeanor DUI.  Case was old, but police and evidence were still around.  Demonstrated significant life changes with client to the prosecution.  Utilized extensive mitigation and aggressive negotiations.  Client’s risk if convicted at trial was mandatory prison between 2.25 and 7.5 years prison (starting point for the judge would have been 4.5 years prison).  Initial offer from prosecution = 2.5 years prison.  I knew we could do better if the prosecutor heard the client’s story.  Compiled extensive personal history and submitted to the prosecution. Next offer = 6 months prison plus probation.   Again, went back to prosecutor.  Final plea = 5 months prison plus probation with 100 hours community service.  Client will be out with her family before Christmas.  Successful outcome and very happy client.

Domestic Violence Assault – 911 recording of incident – Dismissed

August 16, 2016

Result =

Case dismissed on day of trial.

Client accused of beating woman and leaving multiple injuries.  911 call from alleged victim recorded during incident.  Trial strategy based on credibility and perception of incident.  Case dismissed on day of trial.

Double-assault, disorderly conduct domestic violence case. Case dismissed.

August 8, 2016

Result =

Case dismissed.

Client at extra risk for being on probation.  Alleged victim was highly intoxicated.  Investigated and kept pushing.  Case dismissed before trial.

Assault victim trying to get a financial windfall. Denied.

August 1, 2016

Result =

Victim trying to get payment of $4,000 from client after an assault by exaggerating his inability to work. After hearing and impeachment, Court awards only $458.

Client assaulted victim after a victim-initiated conflict in a store.  Client punched victim in the face.  Victim attempted to say he lost approximately $4,000 in wages and expenses related to the case.  A contested restitution hearing was held.  I impeached the victim about the nature of his injury, the severity of the injury, and inconsistencies in his allegations that he could not work.  Result = victim receives $458.   Client obviously wasn’t happy about having to pay this person anything, but saving $3500 didn’t make him frown.

One client, 2 domestic violence cases, multiple priors – dismissed

July 7, 2016

Result =

2 separate domestic violence assault cases dismissed.

Client had several domestic violence assault cases.  Multiple prior convictions.  Multiple witnesses to alleged assaults.  Photographs of injuries.  Client was incredibly afraid of going to prison because of her record.  I asked her to trust me.  She did.  Both cases dismissed.

Leaving the Scene of an Accident

June 20, 2016

Result =

$200 fine. No jail, no probation, no classes.

Client in high speed, rear-end collision.  Leaves scene immediately.  Police locate at home, client displays indications of intoxication.  State wanted 10 days jail, alcohol counseling, term of probation.  Utilized strategic pleading and emphasized client’s proactive entrance to substance abuse treatment.  Result = $200 fine, no jail, no probation.

Disturbing the Peace and Resisting Arrest with Aggravated Assault on a Cop Prior Conviction

June 20, 2016

Result =

Time served with suspended jail and short term of unsupervised probation.

State wanted 90 days of jail, anger management counseling, 3 years probation.  Client had failed to appear several times throughout the case and several bench warrants had been issued for his arrest.  Utilized strategic pleading to the court.  Result = time served, 21 days jail suspended upon successful completion of 11 months unsupervised probation.  Client much relieved.

6th shoplifting case, no jail & no fines

June 7, 2016

Result =

All jail suspended, no fines.

Client has 5 prior convictions for theft and shoplifting.  Prosecution offering 45 days of jail as a “plea offer.”  Utilized strategic plea strategy and emphasized client’s mitigating circumstances including recent counseling efforts.  All jail suspended, client walks out of courtroom.

Criminal driving while suspended (plus failures to appear) dropped to civil traffic ticket

May 25, 2016

Result =

criminal driving while suspended dropped to civil traffic ticket and failures to appear dismissed. No conviction on record.

Class 1 misdemeanor criminal driving on a suspended license in 2012.  Risk = up to 6 months jail, 3 years probation, $2,500 + surcharge.  Client had failed to appear at many court hearings over the past 4 years.  Affirmed and prepared for trial.  On day of trial, obtained offer from the prosecution to drop the criminal charge 3 levels down to a civil traffic infraction with small fine and all failures to appear to be dismissed.  No criminal conviction and a small fine.

Pre-plea diversion obtained on prescription drug possession

May 24, 2016

Result =

entire case dismissed if client completes a substance abuse program.

Client with no criminal history given narcotic prescription pills by a friend.  Utilized mitigation investigation and obtained a pre-plea diversion offer (which is agreement by prosecution to dismiss the entire case if client completes a substance abuse class).  Great outcome.

3 Domestic Violence cases dismissed on the day of trial.

May 12, 2016

Result =

3 clients, 3 cases dismissed.

3 clients with domestic violence cases (2 assaults, 1 criminal damage).  3 cases dismissed on the day of trial.

Dog at Large

May 10, 2016

Result =

Case Dismissed.

2 counts dog at large (misdemeanors).  Client wanted to take convictions and pay a fine.  I asked for a bit of time to see if I could get the dismissal. Client put his trust in me.  Case dismissed.  A nice win for a very nice client.

False Reporting to Law Enforcement

April 30, 2016

Result =

Extensive criminal history + felony probation. Risk = 6 months jail, 3 years probation, $2500 fine. Result = only 15 days jail (with all jail costs waived), 15 days suspended if client completes 12 months unsupervised probation.

Client with extensive felony and misdemeanor criminal history + on felony probation for possession of dangerous drugs.  Client had real possibility of being sent to jail for up to six months.  Result = after some slick negotiating, client only given 15 days jail with 15 days suspended if successful completion of 12 months unsupervised (no probation officer) probation.

Domestic Violence – Assault + Immigration Issues. Case dismissed.

April 14, 2016

Result =

Case with deportation consequences as well as incarceration dismissed after utilizing a multi-hearing, procedural strategy to client’s benefit.

Client in process of applying for citizenship.  Argument with significant other gets nasty, she calls the police while angry.  He is arrested and charged.  Risks = up to 6 months jail, 3 years probation, $2500 fine, deportation, prevention from gaining citizenship.  Utilized specific procedural strategy over the course of several scheduled hearings to client’s benefit.  On the day of trial, prosecution seeks to continue the case.  Over prosecutor’s objection, judge grants my request for dismissal.  A big win with multiple benefits for my client.  No criminal record, no immigration roadblocks.

Shoplifting – Wrong guy charged. Case dismissed.

April 14, 2016

Result =

Arrestee gave my client’s name, prosecution charged wrong guy. Investigation demonstrates that my client wasn’t the person on the video. Prosecution drops the case.

Client lives out-of-state.  Charge from several years ago.  His identity was stolen and another guy used his name when arrested for shoplifting.  Had client send old out-of-state driver’s license from time period, tax returns, signature samples.  Reviewed video of the shoplift and compared to MVD photograph of client.  Not the same person.  Nagged the prosecution into conducting further investigation.  They found the true perpetrator, whose name is similar to client’s.  Case dismissed.  Justice done.

Arizona State University Disciplinary Investigation / Proceedings – Client unscathed.

April 13, 2016

Result =

Client facing potential felony charges, worried about being expelled shortly before graduation. Prepared well for disciplinary investigation and worked on thorough narrative of mitigation. Client will graduate without problems and minimal discipline.

Client arrested for potential felony charges and referred to Office of Student Rights and Responsibilities for sanctions.  Prepared client for hours by conducting mock interviews, reviewing ASU codes and regulations, practicing mitigation.  Result = client received one-hour positive choices class and can’t return to a specific area of campus.  No record of discipline on transcripts and client will graduate with no problems.  A great result for a great kid.

Extreme DUI (BAC .19) – dropped to 1st time DUI impaired slightest degree

April 11, 2016

Result =

Bad Extreme DUI motorcycle accident. Worked on extensive mitigation. Deviation request granted by prosecution to 1st time DUI (impairment to slightest degree). Client saved a lot of jail and $$$.

Phoenix Municipal Court – Horrific single-person motorcycle accident DUI. Client left with lifelong body and brain injuries. Blood alcohol of .19 (that’s about 2 1/2 times the legal limit). Approximately 1000 pages of medical documentation. Worked very hard on this one (and client was a tremendously nice guy). Got a rare deviation to a first-time, slightest impairment DUI misdemeanor. 1 day jail. Prosecution really came in with an open mind, listened to my arguments, and agreed that he could share his story and its consequences in his life to the benefit of others. Good outcome for a good person and his family.

Theft case dismissed, client does a backflip for the judge.

April 5, 2016

Result =

Theft of money orders – ready for trial – case dismissed. Resolved client’s second open case and he actually did a backflip in court in front of the judge. Happy client???

Phoenix Municipal Court – Client charged with stealing 2 money orders.  Case prepped, ready to fight – prosecution dismisses case.  Also successfully resolved another of the client’s cases after the dismissal to fines only.  Client was literally so happy he did a backflip in court in front of the judge.  It was quite a sight.

Don’t represent yourself. Get a pro. Multi-charge domestic violence case – all domestic violence allegations dropped and assault dismissed.

April 4, 2016

Result =

Multi-charge domestic violence case. Client almost took domestic violence plea when self-representing. Made the call to Marner Law. Conducted investigation, demonstrated mitigation, all domestic violence allegations and the assault charge dismissed.

University Lakes Justice Court – Client charged with fighting with boyfriend, shoving and hitting him, punching victim’s vehicle causing dents.  Client had attempted to represent himself and almost entered a plea for a domestic violence conviction.  Would have significantly impacted his future.  Marner Law got the call and got to work.  Client has never been in legal trouble.  Conducted investigation and legal analysis demonstrating motive for victim fabrication.  Also demonstrated significant mitigation including involvement with Alcoholics Anonymous since incident.  Requested and received dismissal of all allegations of domestic violence and the assault charge.  Client sentenced to minimal probation, small fine, all jail suspended.  Good day for this good individual.

DUI Ignition Interlock Criminal Violation – Case dismissed.

April 4, 2016

Result =

Client being charged with subsequent criminal violation of ignition interlock statute after a DUI conviction. Identified missing information that significantly weakened State’s case. Case dismissed.

Phoenix Municipal Court – Client charged with violating ignition interlock criminal statute requiring device in vehicle due to prior DUI conviction. Identified missing information which weakened State’s case to point of being non-winnable.  Case dismissed.

Marijuana DUI – case dismissed

April 4, 2016

Result =

Phoenix marijuana DUI case – identified jurisdiction issue and all charges dismissed.

Phoenix Municipal Court – client charged with 2 counts of drug DUI (marijuana).  Risk = 6 months jail, 5 years probation, $2500 fines plus surcharge, 1 year driver’s license suspension.  Identified jurisdiction issue buried deep in police reports.  Case against client could not proceed.  Case dismissed.

Fugitive of Justice felony case – dismissed.

March 30, 2016

Result =

Worked with requesting state to procure withdrawal of application for Governor’s extradition warrant. Warrant withdrawn, Michigan felony child support case dismissed then Arizona felony fugitive case dismissed.

Maricopa County Superior Court – Client was charged with felony failure to pay child support in Michigan and was then arrested and held in Arizona.  Worked with Michigan Assistant Attorney General to resolve past due arrears.  Modified client’s release conditions to free up his $10,000 bond to apply toward past due amounts in Michigan.  Michigan criminal and civil cases dismissed after payment agreement.  Arizona case dismissed due to Michigan case dismissal.

5 separate cases – 1 case dismissed, client released to time served, no additional jail

March 16, 2016

Result =

One dismissal, no more jail (time served), unsupervised probation, small fine.

Guadalupe Municipal Court – Client had 5 separate cases: 1) domestic violence assault and disorderly conduct, 2) domestic violence disorderly conduct, 3) failure to comply with court order, 4) driving on a suspended license, 5) truancy.

Client being held in jail on all cases.  Negotiated with prosecution to resolve all cases. Truancy case dismissed.  Driving on a suspended: small fine with no jail or probation.  Failure to comply with court order: time served.  Domestic violence cases: time served, unsupervised probation.  Client released from jail on all cases.  Very happy.

Dual Dismissal – Domestic Violence & Public Consumption of Alcohol

March 16, 2016

Result =

Result = prosecution dismissal after demonstrating lack of evidence.

Guadalupe Municipal Court – Client had 2 outstanding cases, 1 for domestic violence, 1 for public consumption of alcohol.  Domestic violence case dismissed when presenting prosecution with age of the case and lack of existing evidence.  Public consumption case dismissed when demonstrating to prosecution that police report did not contain necessary element for conviction of the crime (the actual public consumption of the alcohol).  A very happy client.

Disorderly Conduct, on probation for felony.

February 25, 2016

Result =

pre plea offer diversion (no probation violation and case dismissed if 16 hour class completed).

Guadalupe Municipal Court. Big win for client who faces years of prison if convicted of any crime while on probation.

Assault (domestic violence).

February 25, 2016

Result =

case dismissed on day of trial.

Phoenix Municipal Court. Risk = 6 months jail, 3 years probation, $2500 fine.

6 Separate Shoplifting & Theft Cases For 1 Client

February 24, 2016

Result =

160 less days of jail than prosecutor’s offer, 1,060 days less than maximum allowable jail.

Client had six separate ongoing cases for shoplifting and theft on six different occasions. State’s offer was 180 days jail flat. Maximum risk for sentencing was 1,080 days jail. Sentencing judge known for harsh sentencing on theft and shoplift cases. Used strategic pleading directly to the court, emphasized client’s financial hardship and ongoing health issues. Result = 20 days jail, with credit for 12 days already served, 340 days of jail suspended upon completion of unsupervised probation (no probation officer required).

2 separate shoplifting cases for 1 client

February 24, 2016

Result =

120 less days of jail than the judge planned to give

Client had two separate ongoing cases for shoplifting and had previous shoplifting and theft convictions in last several years. Sentencing judge known for harsh sentencing on theft and shoplift cases. Utilized strategy to limit judge’s discretion in sentencing. Result = client received 60 days jail with credit for 11 days served, no probation. Judge stated on the record that if defendant had not followed my advice, he would have received 180 days of jail. Good win and a savings of 120 days jail for making the right call.

Assault threatening & intimidating (domestic violence).

February 24, 2016

Result =

225 days jail with credit for 85 served.

State asking for maximum penalty under the law. No real plea offer (offer = plead to the maximum penalty). Utilized strategic pleading directly to court in which client did not admit any allegation of rape. At sentencing, prosecution played 911 tape by wife, showed photographs of injuries, argued rape happened in front of client and wife’s 2 year old daughter. Defense argument that physical evidence did not match victim’s claims (using prosecutions own exhibits against them), and that prosecution was trying to present inflammatory account of crime that client was never charged with or convicted of. A very tough fight and tough facts to argue, but at the end, the Judge gave far less than maximum: 225 days jail to cover both counts.

2 domestic violence cases dismissed

February 18, 2016

Result =

2 separate domestic violence cases dismissed.

Phoenix Municipal Court – 2 separate domestic violence assault cases. Both cases dismissed. Risk on each case = 6 months jail, 3 years probation, $2500 + 83% surcharge.  Overjoyed clients.