Possession of Cannabis and paraphernalia.
Officers allegedly saw our client park in the middle of the night in a
neighborhood where there had been recent burglaries. The officers seized
our client while exiting a parked vehicle. The officers claimed to smell
the odor of cannabis and said they saw drugs in plain view. Officers allegedly
searched and seized trafficking amounts of MDMA (ecstasy), Cocaine, Cannabis
and paraphernalia from the vehicle. After Miranda warnings, the client
allegedly admitted an intent to sell the drugs, except that the cannabis
was for personal use. Longwell Lawyers challenged the validity of the
initial seizure of our client and filed motions seeking a Speedy Trial
and Discovery Sanctions.
Result: The Trafficking charge was dropped. The client entered a plea to
the remainder of the lesser charges, but was not adjudicated guilty (no
conviction was entered of record), and there was no jail/prison.
Battery (Domestic Violence)
Client was accused committing battery in a domestic relationship and was
arrested. Longwell Lawyers investigated the case, prepared defenses and
asserted our client’s right to a speedy trial.
Result: The State file a Nolle Prosequi (dropped the case).
DUI and Felony Driving with a Suspended License
Orange County –Client was arrested for DUI and also arrested for
driving on a suspended license. Because the officer claimed the client
allegedly had knowledge of the suspension and had at least two prior driving
while license suspended convictions, the client was charged with a felony.
After convincing the State not to file the felony charge, Longwell Lawyers
pushed the DUI to trial. The prosecutor dropped the DUI.
Result: State entered a Nolle Prosequi (all charges dropped)
Defendant’s sentence met the needs of the victim
Orange County - Represented a mother on behalf of her minor child in assuring
that the victim, a minor child, got fair treatment and that the Defendant
received a sentence that protected the interests of the victim and his family.
Result: The minor child was not required to testify in court and the Defendant’s
sentence met the needs of the victim and his family
Injunction for Protection Against Sexual Violence
Obtained permanent Injunction for Protection
Orange County – Represented a mother on behalf of her minor child
in obtaining an injunction against their neighbor due to sexual molestation
Result: Obtained a permanent Injunction for Protection Against Sexual Violence
on behalf of the minor child.
ARSON TO OCCUPIED STRUCTURE (First Degree Felony)
Fire investigators and law enforcement officials alleged that our client
intentionally set an occupied dwelling on fire as the result of a domestic
argument. The client was arrested and retained Longwell Lawyers for legal
representation. Longwell Lawyers got to work investigating the government’s
case and successfully convinced the prosecution not to file any formal
charges in the case. The case was dropped and the client was not prosecuted.
Battery – Domestic Violence
No charges ever filed
Our client and his girlfriend were verbally arguing as they were leaving
dinner. The girlfriend reached into our client’s pocket in an attempt
to take his phone. Our client grabbed her wrist to prevent her from taking
his phone. A passer-by, having not witnessed the entire sequence of events,
saw our client grab a woman’s wrist, thought he was trying to strong-arm
rob the woman, and called the police. Our client was, unfortunately, arrested.
Criminal Trial Expert, Benjamin Jones saw that cooler heads prevailed
and that law enforcement, as well as prosecutors understood the full context
of what one person thought they saw. Quickly opening this line of communication
with the prosecution helped to facilitate no charges ever being filed
against our client.
Grand Theft – 3rd Degree
All Charges Dropped
Our client was trying on sunglasses at a local mall. Deciding that he
did not want to purchase anything, he left the store. Unbeknownst to him,
store employees suspected him of shoplifting and called the police. Our
client was stopped while getting into his car and told that his sunglasses
belonged to the store. He was arrested on the spot and charged with a
felony theft charge. Criminal Trial Expert Benjamin Jones immediately
pointed out what should have been obvious: No alarm sounded when our client
left the store. There was no allegation of a “booster bag”
being used to defeat the alarm (a “booster bag” is typically
a shopping bag that is lined with aluminum foil designed to block RF sensors
on merchandise). And, finally, there were no sales tags or stickers on
our client’s sunglasses, nor was there any time for him to remove
any such tags. When additionally confronted with the fact that the sunglasses’
fair market value was far less than the $300 felony threshold, the prosecution
caved and dropped all charges.
Burglary of a Conveyance (Auto Theft), Grand Theft, Fleeing and Eluding an Officer (with lights and siren)
Police saw a stolen pick-up truck run a stop sign and tried to make a stop.
The driver of the truck successfully eluded the officer and was not stopped.
15-20 minutes later the unoccupied stolen pick-up truck was located in
front of a residence. The officer claimed that our client, who was at
the residence, looked like the person who had been driving the truck a
bit earlier when police (that same officer) tried to stop it. The officer
was very aggressive and took our client into custody at gunpoint. Our
client denied any involvement or knowledge of the truck. Longwell Lawyers
worked with our client and the witnesses to clearly demonstrate that the
client should not have been arrested and that there was a verifiable alibi.
Most disturbingly, the officers knew of the alibi information but chose
to arrest our client anyway.
Driving Under the Influence (DUI) over a .15
Client was stopped for allegedly running a red light and swerving in traffic,
almost sideswiping the officer. After performing several field sobriety
exercises on video, the client was arrested and had an breath test result
over a .15 (exposing our client to enhanced mandatory penalties, if convicted).
The client was also issued to tickets the red light and the swerving.
Longwell Lawyers prepared the case for trial. In the process, the prosecutor
agreed to drop the DUI charge to a Reckless Driving charge.
Result: Client agreed to a Reckless Driving plea. The DUI was dropped.
The tickets were dismissed.