It’s nice when a client hires me before the prosecutor files any charges. I was able to show how the case was fatally flawed, and she refused to file it. Believe me, my client was ecstatic.
My client was charged with Felony Criminal Mischief (formerly called Vandalism). It took a lot of trial preparation, and I was able to show that my client couldn’t have possibly been guilty. What’s frustrating is that I told the prosecutor about the problems with his case. He didn’t listen. He lost (my client won), and his boss pulled him out of his court and demoted him.
I have many cases where I’ve been able to get this result for cases from DWI to Theft, etc. Pre-trial Diversion allows the client to avoid going to court and entering a plea of guilty. Instead, the client goes on a program that usually lasts 12 to 18 months. Upon successful completion, a client’s record can be expunged (erased) so that, in the future, his/her charges would not be in the public record so even law enforcement would not be able to see it.
This case was dismissed. My client was accused by a young lady who had fabricated that their sexual relations were not consensual in order to avoid getting in trouble from her parents who had caught her sneaking back into the house in the middle of the night. Unfortunately, it took several months of great stress on my client before the prosecutor “saw the light”. Yet, he did dismiss the case after I was able to shed true light on the situation. My client avoided a lengthy prison sentence and registration as a Sex Offender.
These are incredibly difficult cases because, besides lengthy prison sentences, most require registration as a Sex Offender for 10 years to life! One particular case went to trial. I brought in co-counsel (another attorney) to conduct the trial with me. I often do this to help level the playing field because the prosecutor’s offices will always have two prosecutors prepare and conduct the trial. A guilty verdict would have resulted in a 25-to-99-year sentence with no possibility for parole. We were able to get a hung jury in a very conservative (hanging) county. It’s not over yet, but the DA’s case is not getting any better as time passes. This could be a re-trial. Stay tuned.