Case Results

The local police botched the investigation.  The confrontation with the young kids took place at night and no one gave a description of the “semi-automatic pistol” until 5 months after my client was arrested.  There was no doubt that the state could prove a misdemeanor charge of criminal threatening but we strongly believed the case would fall apart at trial.  Ultimately, due to the serious nature of the charge, my client agreed to a plea deal involving 30 days in jail and one year of probation on a conviction for a misdemeanor criminal threatening.  This ensured that my client’s out-of-state parole wouldn’t be revoked in the unlikely event he/she was convicted of the felony following a trial.  The judge indicated that if we’d gone to trial and lost on the misdemeanor but prevailed on the felony charges that he would have sentenced my client to 6 – 12 months in jail due to his / her extensive prior criminal history and the serious nature of the charges involving a firearm.

We won the BMV hearing due to the officer failing to conduct a full 15 minute wait period.  As a result of our success at the BMV, the DA agreed to dismiss the OUI in return for a plea of guilty to a charge of Driving to Endanger.  The client was thrilled as a conviction would have cost the client his / her career.

My client retained me more than 2 years ago to defend him on a felony criminal charge where J.D. was the “victim”.  While defending the criminal charges, a PFA was brought against my client, M.H.  For tactical purposes, we decided not to contest the PFA and entered into an agreement for a consent order, which means there was no formal finding of abuse but the PFA would remain in effect for 2 years. In August, my client was served with a notice of hearing for a LIFETIME extension of the PFA.  My client was beside himself as he wanted nothing to do with the “victim” and he just wanted to get on with his life.  My client retained me to defend him at the hearing.  We had a hearing on the merits and the judge agreed to extend the order for ONE YEAR ONLY with a condition that no further extensions could be sought by the “victim”.  The judge specifically ordered that my client be allowed to use and possess firearms and made no formal finding of abuse on the record. PFA’s are tricky.  If the judge makes a formal finding of abuse, the client loses their gun privileges for life.  Often times, it’s in everyone’s best interests the PFA without a hearing.  Both parties have a lot to lose if the judge rules against one side or the other.  However, many times we have no choice but to go to hearing.  In those instances, we pursue a very aggressive line of questioning against the “victim” and use the transcripts for the defense of the criminal case.

 Client was from out-of-state and the parents were extremely worried about their child’s future if convicted of the crime.  We were able to negotiate a filing of the charge with a dismissal at the end; in return for 20 hours of community service and a $200.00 filing fee.