Possession of Cocaine, DUI, Leaving the Scene of a Crash, Resisting Arrest without Violence, Careless Driving
Client was accused of Crashing into a light pole and leaving the scene.
When Officers found the client in the damaged car, they said the client
was extremely intoxicated. The client was on video. Officers found cocaine
in the client’s possession and claimed that she resisted arrest.
Result: We negotiated a favorable plea bargain that resulted in the client
accepting probation for the misdemeanors only (with the court withholding
adjudication on the Resisting and Leaving the Scene cases). The felony
possession of Cocaine and the Careless Driving were dropped/dismissed
Driving Under the Influence (DUI)
Client was accused of being passed-out behind the wheel of a motor vehicle
that was stopped at an intersection. Police claimed that they had a hard
time waking our client and that our client failed a battery of roadside
field sobriety exercises. Our client allegedly had a .10 breath test result.
Result: DUI dismissed (Client pled to a lesser charge or Reckless Driving.
The Court withheld Adjudication so that the client received no conviction
and no points).
4 Counts of Burglary of a Conveyance, 2 Counts of Grand Theft, 2 Counts of Petit Theft
All Charges Dropped
In the summer of 2014, during the span of approximately 30 minutes, 4 cars
were burglarized outside of a local business. According to Law Enforcement,
security cameras caught the “smash and grabs” on video and
a description of the suspect and his car was distributed to other officers.
About 18 hours later, in the same vicinity of the smash-and-grabs, a patrol
officer sees our client, a black male, driving a grey or silver sedan.
The officer decides to stop the vehicle because the driver and his car
matched the description of the burglary suspect. Our client was arrested,
but not charged with the crimes, and bonded out of jail.
Later, Police requested and obtained a warrant to search our client’s
car, telling judges that our client’s car matched the car that was
in the video. Over a year later, the Police got an arrest warrant for
our client, again, telling judges that his car matched the car that was
seen in the video.
After demanding discovery, and scouring through cell phone records, GPS
wiretap tracking, confidential informant interviews, and dozens of police
reports, Attorney Benjamin Jones realized 2 things:
First, the video was missing and, second, that Law Enforcement wrote an
email describing what was seen on the video. That email described seeing
a black male exit a newer model,
gold or brown [not silver or grey], 4 door sedan, smash the windows, then drive off.
Realizing that Law Enforcement had seemingly lied about the video in their
applications for warrants, and that the basis for stopping and arresting
our client was completely bogus, Mr. Jones filed a Motion to Dismiss alleging
Brady violations for destroying exculpatory evidence and lying on Warrant Affidavits.
After nearly 3 years of litigation, today, prosecutors dropped all charges.