We Bully the Bullies

Case ResultS

Case dismissed: Super Extreme DUI (BAC +.20) + police misconduct

October 21, 2017

Result =

Case dismissed. Super Extreme DUI, BAC +.20.

Super extreme DUI case involving extreme police misconduct. In-depth investigation results in complete case dismissal.

Case dismissed – 2x DUI.

October 17, 2017

Result =

Case dismissed.

Client charged with multiple counts of DUI. BAC = .10. Client risks = 6 months jail, 5 years probation, $2500 fine plus surcharges, mandatory $1000 in assessments, driver’s license suspension, ignition interlock requirement, alcohol counseling. Case dismissed.

Case dismissed – Driving on Suspended License, Possession of Revoked License

October 13, 2017

Result =

Case dismissed.

Client risk on both charges: 6 months jail, 3 years probation, $2500 fine plus surcharges, further suspension of driver’s license. Case dismissed.

Domestic violence assault – case dismissed.

October 12, 2017

Result =

Case dismissed.

Client faced 6 months jail, 3 years probation, $2500 fine plus surcharges, counseling, and federal loss of gun rights. Dismissed.

Dismissal – Theft case set for trial

October 10, 2017

Result =

Case dismissed, with an apology.

Client risk = 6 months jail, 3 years probation, $2500 fine plus surcharge. Case dismissed, with an apology from the prosecution.

One year driver’s license suspension for DUI – voided

October 6, 2017

Result =

One year suspension voided.

Client alleged to have refused chemical test upon arrest. Challenged suspension and won. One year driver license suspension voided.

Case Dismissed – Disorderly conduct (domestic violence)

September 28, 2017

Result =

Case dismissed.

Client charged with disorderly conduct (domestic violence alleged). Prepped trial. Case dismissed.

Approx. $100,000 in losses to victim of Fraud Schemes, Trafficking Stolen Property, Theft – Instead of decades of prison, result = 10 months jail, probation out-of-state, no white-collar probation terms

September 14, 2017

Result =

10 months jail out-of-state + non-white collar terms probation rather than decades of prison time.

Big felony case: fraud schemes, trafficking stolen property, organized retail theft. Losses of victim were approximately $100,000. Risk to client = decades of prison. Successful use of mitigation, lack of criminal history. Result = 10 months jail plus probation. Court ok’s jail out-of-state. Successfully persuaded judge to not impose “white-collar terms” of probation at sentencing which would have placed severe restrictions on client’s use of internet and divulging of banking information.

Correct advice on violation of protective order saves 45 days jail.

September 11, 2017

Result =

all jail suspended.

Client charged with violating a protective order (domestic violence). Bad plea offer requiring 45 days jail, up front, with more jail suspended. Client followed my advice, used strategic plea to the court, all jail suspended.

Case Dismissed – Driving on Suspended License

September 7, 2017

Result =

Case dismissed.

Ready for trial, State dismissed day of trial. Client faced up to 6 months jail, 3 years probation, $2500 fine plus surcharge.

1 assault charge acquitted, 2 domestic violence allegations defeated at trial.

August 31, 2017

Result =

acquittal on charge 1 – domestic violence assault, defeated allegation of domestic violence on charge 2.

Client charged with 2 domestic violence assault charges. Conducted trial. Complete acquittal on domestic violence assault allegation against parent. No finding of domestic violence relationship in assault count on parent’s new spouse. Risk = up to 6 months jail, 3 years probation, $2500 fine plus surcharge, mandatory domestic violence counseling. Client’s punishment for non-domestic violence assault conviction on 1 charge = 12 months unsupervised probation, no jail, no fine, no counseling. Client pleased with result.

Assault – domestic violence. Case dismissed.

August 31, 2017

Result =

case dismissed.

Day of trial, case dismissed. A nice win for a good client.

Assault – domestic violence. Case dismissed on day of trial.

August 31, 2017

Result =

case dismissed.

Domestic violence assault with injury. Pressed forward to trial. Prosecution dismisses.

Assault – domestic violence – case dismissed.

August 31, 2017

Result =

case dismissed.

Domestic violence assault, case dismissed. Client was very thankful.

Criminal Speed charge – acquittal at trial

August 18, 2017

Result =

acquitted on count of criminal speeding at trial.

Client charged with several criminal charges, including criminal speed with allegation of driving up to 90 mph through business district. Charge of criminal speed resulted in not-guilty verdict at trial. Challenged police officer’s ability to accurate pace client’s vehicle and his basis of knowledge regarding the calibration of his own vehicle’s speedometer.

Criminal charge dismissed – Displaying fictitious license plate/registration (criminal vehicular charge)

August 1, 2017

Result =

criminal charge dismissed and civil traffic violation results in all fines waived and no driver’s license suspension.

Client with no criminal history and no motor vehicle department history charged with knowingly displaying fictitious registration tags from another vehicle. Risk = 4 months jail, 2 years probation, $750 fine plus surcharges. Showed prosecution that the charge was missing a key element of intent. Client able to plead responsible to a civil traffic violation of no proof of insurance, criminal charge dismissed, all fines waived, no license suspension. Happy client who continues to have a completely clean record.

Full acquittal at trial – Endangerment and Criminal Damage (road rage)

July 8, 2017

Result =

Not guilty on all charges at trial.

Client accused of trying to run into person’s vehicle, getting out of his own vehicle, throwing tire iron at person’s vehicle while in traffic, and causing paint / dent damage to vehicle. Trial held. Impeached alleged victim on his racial bias and motivations to fabricate, as well as logistical problems with his account. Result = full acquittal on all charges.

Criminal Damage, Disorderly Conduct, Assault (domestic violence) – Case dismissed.

June 8, 2017

Result =

Case dismissed.

Client charged with 3 domestic violence offenses: criminal damage, assault, disorderly conduct. Case set for trial. Prosecution dismisses. Client faced risk of 6 months jail, 3 years probation, $2500 fine plus surcharges, domestic violence counseling, loss of gun rights.

Driving on a Suspended License – Case Dismissed

June 8, 2017

Result =

Case dismissed.

Risk = 6 months jail, 3 years probation, $2500 fine plus surcharges, further suspension of license. Case dismissed by prosecution on day of trial.

DUI dropped to reckless driving misdemeanor – no jail, no ignition interlock, no SR-22 insurance

June 7, 2017

Result =

DUI dropped to reckless driving. No jail.

Client charged with DUI. Police perform field sobriety tests and portable breath test shows .104 BAC. Discovered problems with investigative techniques, field sobriety tests, and blood draw. Utilized significant weaknesses from the investigation to get prosecution to drop DUI down to reckless driving, a lower-level misdemeanor. Client does no jail (as opposed to mandatory jail for a DUI), pays minimal fine, has no requirements to get ignition interlock installed or high-risk auto insurance. A solid outcome on a case with potentially huge consequences.

Drug and alcohol DUI charges while on probation – dismissed.

May 26, 2017

Result =

DUI charges dismissed.

Client charged with drug and alcohol DUI charges. Admission to use of medications and drinks, admission to impairment. Pointed out issues with laboratory results on drugs and alcohol, informed prosecution I would like dismissal of charges. Prosecutor agreed.

Failure to Provide Driver’s License – Not Guilty Verdict

May 26, 2017

Result =

Not Guilty verdict.

Client charged with failure to provide driver’s license and several civil citations. Conviction would have immigration consequences. Suspected that police were fishing for undocumented individuals and profiled my client. Conducted suppression hearing and submitted case to the judge for trial based on suppression testimony. Verdict: not guilty. The look on the prosecutor’s face was priceless! (And I had asked nicely for him to dismiss it beforehand. He should have listened.)

DUI – .146 BAC + wrong-way driving + admissions, dropped to reckless driving class 2 misdemeanor

May 23, 2017

Result =

DUI charges dropped to reckless driving misdemeanor. All jail suspended, significantly reduced fines, no DUI conviction on client’s record.

Client on police camera driving wrong way down a divided street. Client admits on camera that he is impaired. Blood alcohol concentration (BAC) of .146, almost twice the legal limit. Reviewed all evidence and police videos. Discovered right to counsel issue for leverage. Analyzed and found potential contamination argument in laboratory’s results. Utilized extensive mitigation of client’s life achievements despite adversities in communications with prosecution. Result = DUI charges dropped to a reckless driving charge. No DUI conviction for a young person just starting out, significantly reduced fines, all jail time suspended. A good win.

Case dismissed – Domestic Violence Assault and Driving without Driver’s License with Immigration Consequences

May 11, 2017

Result =

Case dismissed.

Client charged with assaulting spouse and subsequently arrested while driving without driver’s license. If convicted, could have served up to 6 months jail, 3 years probation, $2,500 fine plus surcharges, would be required to complete domestic violence counseling, and would become deportable. Case dismissed by prosecution on the day of trial. Client gives Mr. Marner a surprisingly strong bear hug in court!

Not guilty at trial. Domestic violence assault (strangulation).

April 27, 2017

Result =

Acquittal at trial. A great win.

Client accused of choking significant other. Charged with domestic violence assault with serious jail, probation, fines. If convicted, client would become prohibited possessor and lose his security clearance. Prosecutor had arresting officer, alleged victim, photographs of injuries, and body camera footage of investigation that seemed bad for client. But…still had a defense to mount and told prosecutor before trial that he should dismiss and save everyone the headache, to no avail. (Sometimes, you just have to beat them in the courtroom before it sinks in.) Impeached police officer on his lack of medical training, his faulty assumptions about causation and order of events. Impeached alleged victim about her memory of events. Client testified and did well. Result = not guilty verdict. Bullied the bully on this one, all the way to a trial win.

Case Dismissed – Domestic Violence Assault

April 27, 2017

Result =

Case dismissed.

Client accused of punching significant other in the face. Risk = up to 6 months jail, 3 years probation, $2500 fine plus surcharge, counseling, and prohibited possessor status. Day of trial, case dismissed.

Case Dismissed – Domestic Violence Disorderly Conduct with Deportation Consequences

April 25, 2017

Result =

Case dismissed on day of trial. No domestic violence conviction and no immigration consequences.

Client accused of attacking family member. Successful prosecution would mean a domestic violence conviction, which would in turn mean deportation. Interviewed witnesses, prepped trial in which the brother had already pleaded guilty to his role in attacking my client. Day of trial: ready to fight the case. Case dismissed by prosecution. Client was very relieved.

Case Dismissed – Domestic Violence Assault while on Felony Probation

April 13, 2017

Result =

Case dismissed. Client won’t face both jail and prison time, probation, fines, mandatory counseling.

Domestic violence assault while on felony probation for transportation of marijuana felony. Risk for DV assault = up to 6 months jail, 3 years probation, $2500 fine, domestic violence counseling. Risk in felony probation case if convicted = 1 – 3.75 years in prison. Case dismissed.

Criminal driving on suspended license dropped to civil traffic violation with $50 fine and no points

April 12, 2017

Result =

criminal driving on suspended license dropped to civil non-moving traffic violation. No points, no criminal conviction, $50 fine.

Client charged with class 1 misdemeanor driving while suspended. Max penalty = up to 6 months jail, $2500 fine, 3 years probation, further suspension of license. Charge dropped to a civil non-moving traffic violation, fine of $50, no points, no criminal conviction. Client still has a clean criminal record.

Case dismissed – criminal damage and assault

March 28, 2017

Result =

case dismissed on day of trial.

Client accused of hitting a neighbor in the face and throwing a brick through the windshield of neighbor’s vehicle. Trial prepped, ready to fight. Day of trial, case dismissed.

Case dismissed – domestic violence assault

March 28, 2017

Result =

case dismissed on day of trial.

Client accused of choking partner in front of children. Client denied the allegation. Conducted research, reviewed the interviews, looked at forensics. Day of trial, ready to go, ready to win…and prosecution dismisses the case. We’ll take it.

Case Dismissed – Tampering with Physical Evidence

March 27, 2017

Result =

Case dismissed.

Client faced risk of 6 months jail, 3 years probation, $2500 fine plus surcharge. Client accused of ditching incriminating evidence into restaurant garbage can. Conducted legal research on the charge. (Despite sounding common, this particular charge is hardly ever used.) I determined that the case law supports the argument that the law does not apply to this type of situation, but rather a different, particular situation. I presented my research to the prosecutor and requested dismissal of the charge. Prosecution agreed. Case dismissed.

Case dismissed – Street Racing and Criminal Speeding

March 27, 2017

Result =

Case dismissed.

Client charged with street racing, faced up to 6 months jail, 3 years probation, $2500 fine plus surcharge, driver’s license suspension. Police told client that they saw him racing from their stationary position, on foot, in an intersection, with Client’s car coming in their direction in a single traffic lane and could tell he was racing by the noise the car made. Client said no deals (rightfully so), so the prosecution added a charge of criminal speeding. Got my investigator and my vehicular expert witness ready and set for trial. No police reports, no cooperation on interviews from the police. Two days prior to trial, state dismisses (and so they should have).

Felony Aggravated DUI with prior felony conviction – Client saved years of prison

March 16, 2017

Result =

probation with 30 days jail out-of-state.

Client charged with two counts of felony aggravated DUI. Client had prior felony conviction. Risks for client if convicted at trial = up to 3.75 years prison, presumptive of 2.5 years. Conducted a retest of the blood sample and received a favorable measurement. Interview of police officer yielded beneficial statements that weakened the state’s case. Developed and utilized extensive mitigation showing that client’s mistakes were long behind him and that he had changed his life since the event. Typical plea offer on cases with similar facts without an attorney putting in the work are usually a prison term in the Department of Corrections or a probation plea with up to a year of jail as a condition. A beneficial plea offer from the prosecution in such a case is to offer probation with 4 months jail. Result = 30 days jail plus probation. Client saved years of incarceration by hiring the right attorney.

Offer down from 20 days jail to $250 fine right before jury selection.

March 7, 2017

Result =

day of trial, offer goes from 20 days jail down to a $250 fine.

Shoplift while on felony probation. Prosecutor’s opening offer = 20 days jail. Set for jury trial. Conducted research, conducted investigation, arguments and evidence ready to fire. Last minute offer by prosecutor right before jury selection = down from 20 days jail to a $250 fine. Didn’t get to try my case, but a great result for the client.

Unlawful Use or Possession of Suspended/Cancelled Driver’s License – Case Dismissed

March 3, 2017

Result =

Case Dismissed. Prosecutor acknowledges my assertion of zero evidence for the charge.

Client charged with possessing a suspended or cancelled driver’s license. Risk = up to 4 months jail, $750 fine, 2 years probation. Police reports indicate no facts supporting the charge. Demonstrated lack of evidence to the prosecution. Case dismissed.

Leaving the Scene of a Damage Auto Accident – Dismissed with Prejudice (Prosecutor falls into the Double Jeopardy trap)

March 2, 2017

Result =

Case Dismissed with Prejudice (can never be refiled).

Client accused of hitting construction worker with her vehicle. Case was improperly charged by the police. Analysis of case showed that prosecution did not have sufficient evidence to make the factual basis of the criminal charge. Prosecution witnesses lined up in the courtroom, police and alleged victim. I engaged a strategy of silence with prosecution. The longer the prosecution thought it had a case, the better the client’s case became. Trial gets underway with all witnesses sworn in. At this point, jeopardy attaches and if charge is dismissed, it can never be refiled. Before calling its first witness, prosecutor reviews his documents and realizes he walked into the trap and that he has no case. Case dismissed with prejudice, never to be refiled. Nice win that demonstrates attention to detail resulting in a client walking away with no conviction.

Dog at Large – Criminal Charge Dismissed

February 27, 2017

Result =

Criminal Charge Dismissed.

Client charged with dog getting out of yard, attacking killing/injuring other dogs. Utilized statutory language and demonstrated that client should be liable only for a civil offense, punishable only by a fine, rather than a criminal offense punishable by up to 4 months jail, 2 years probation, $750 fine plus surcharge. State agreed and dismissed the criminal allegation.

2x domestic violence assault – Case Dismissed.

February 16, 2017

Result =

Case dismissed.

Phoenix. Client accused of gouging eye of first victim, pushing second victim to the ground. Risks = up to 6 months jail, 3 years probation, $2,500 fine plus surcharge, domestic violence counseling, becoming a federal prohibited possessor. Result = case dismissed.

2 Cases – Interference with Judicial Proceedings (Violation of Restraining Order) with prior violations

February 3, 2017

Result =

credit for 9 days time served rather than prosecution offer of minimum 81 more days jail with maximum of 171 more days jail.

Prosecution offer = 180 days, with 90 days suspended. Client had served 9 days in custody. Proceeded to bypass prosecution offer and plead straight to the judge. Result = 9 days time served. No additional jail. Saved minimum 81 days jail, potential 171 days jail.

Dismissed – Domestic Violence Assault and Criminal Damage with a Firearm + Felony Probation Violation

February 2, 2017

Result =

Case dismissed. Risk of both jail and prison time on felony probation revocation avoided.

Client accused of punching significant other in the face, pointing gun at her, and breaking part of a car door. Client on felony probation, severe probation revocation risks plus jeopardy of years of prison time on felonies. Case dismissed.

Assault trial – Total Acquittal

January 19, 2017

Result =

Client fully acquitted at trial. Not guilty.

Phoenix – Assault trial. Client accused of smashing contractor’s leg in metal gate during an argument. Contractor recorded the audio of the incident and could hear client yelling, cursing. Police photos taken immediately after alleged injury appear to show that the bruising was old, not new. Called former employee of contractor to testify about his character for untruthfulness with customers and motive to fabricate about how he sustained the injury due to fear of being sued for poor work. Called investigator to testify as to nature of injury, mechanics of gate, type of contractor boot the alleged victim was wearing. Impeached the contractor and the testifying police officer and argued that the whole incident was a setup. Client fully acquitted. Not guilty.

Domestic Violence Assault – case dismissed

January 19, 2017

Result =

Case dismissed.

Risk = Up to 6 months in jail, 3 years probation, $2500 fine plus surcharge. Client accused of punching family member in the eyes after tackling to the ground.

Domestic Violence Endangerment and Assault – dismissed

January 19, 2017

Result =

Case dismissed.

Client accused of choking spouse in front of children and throwing a brick through vehicle window next to child’s head. Photographic evidence and recorded interviews by police. Client risk = potential up to 7 months jail, $2500 fine plus surcharge, 3 years probation, domestic violence counseling, loss of gun rights. Case dismissed.

2 Counts Dangerous Aggravated Assault (firearm / road rage) – risk of 30 years prison, result = 0 jail.

January 18, 2017

Result =

Risk of 30 years prison, client does 0 days jail.

Maricopa County Superior Court – Client charged with brandishing and pointing handgun at driver and passenger of another car during a road rage incident. Risk = up to 30 years prison. Loss at trial on single charge = presumptive 7.5 years prison. Client believed driver was trying to run his vehicle with his family off the road when brandishing. Conducted crime scene reconnaissance, presented legal challenges, interviewed alleged victim (who admitted far more antagonistic incident than reported in police reports). Strong argument regarding self-defense, defense of others. Extensive negotiation. Result = client placed on probation for 2 1/2 years, 0 days of jail (30 days suspended), no anger management. Client was incredibly relieved and happy.

Disorderly Conduct (domestic violence) – Dismissed

January 5, 2017

Result =

Case Dismissed.

Phoenix.  Client charged with domestic violence disturbance with roommate.  Potential maximum penalty = 6 months jail. 3 years probation, $2500 fine plus surcharge.  Strategic decision to proceed to trial based on probability of unavailability of witnesses.  Case dismissed on day of trial – no witnesses.