NOT GUILTY VERDICTS
Twenty-eight year old man charged with Lewd Molestation when he is accused of inappropriately touching his babysitter. Not guilty verdict after a three-day trial, in which the girl’s mother was shown to love all the attention garnered from the allegations.
Man charged with Possession of Methamphetamine with the Intent to Distribute, when a search warrant results in the finding of methamphetamine in his bedroom. Not guilty verdict after a two-day trial in which it was shown that the man’s estranged wife was actually the person to whom the illegal substances belonged.
Twenty-four year old woman charged with Manufacturing Methamphetamine when a “meth lab” is found in her home, and meth is found cooking on her kitchen stove. Not guilty verdict after a three-day trial in which the prosecutor repeatedly uses the catch phrase, “The cook’s in the kitchen!” The jury is shown that other people had access to the home, and it could have been others who were cooking the meth.
Thirty-five year old man is charged with First Degree Rape for allegedly forcing himself on his girlfriend’s 14-year old daughter. Not guilty verdict after a three-day trial in which the girl is shown to have a propensity for untruthfulness.
Man is charged with Aggravated Assault and Battery for throwing his father-in-law off a roof. Not guilty verdict after it is shown that the father-in-law had a violent nature and could have possibly even slipped.
Woman Charged with DUI after a car wreck. Driver admits to drinking and driving but refuses any sobriety testing. Over motions to suppress and dismiss case is brought to trial. Evidence shows that her admission was to having 3 drinks over a 9 hour period. The wreck was not her fault, the officer was outside of his jurisdiction, never saw her driving, and never arrested her, therefore no reason to take any sobriety testing. Not to mention, the request for sobriety testing was done while she was in the hospital hooked to a morphine IV. Not Guilty. (Note, counsel also recovered over $34,000 for this client in a person a personal injury case)
Client charged with first degree murder. Counsel second chaired the case at trial and we were able to convince the jury that client’s life was in danger and he shot and killed the other man in self-defense. State’s witness perjured himself when he testified inconsistent with his 911 calls introduced by the State. State’s own expert witness testified that the physical evidence was more consistent with our version of events than the State’s. Jury returned a verdict of Not-Guilty.
DISMISSALS OF FELONY CHARGES
A young California man is charged with Trafficking in CDS when he is stopped for an improper lane change and 18 kilos of cocaine is found hidden in a secret compartment in his vehicle. Case is dismissed on a Motion to Suppress when defense counsel successfully argues that the stop and search were unlawful.
A couple is charged with Trafficking in CDS when officers execute a search warrant and find a substantial amount of methamphetamine in their residence. Case is dismissed at Preliminary Hearing when defense counsel successfully argues that busting open a door with a sledge hammer does not satisfy the requirements of “knocking and announcing”.
A man is charged with Assault and Battery with a Dangerous Weapon when he is seen chasing another man with a baseball bat. Case is dismissed at Preliminary Hearing when it is shown that the alleged victim had been messing around with defendant’s wife and a reasonable man would have believed he should have been able to run him off with a baseball bat.
Client absconded from jurisdiction for many years after arrest for Possession with Intent to Distribute. Counsel advised client to reject extremely favorable plea offer and hold a preliminary hearing. At hearing, State unable to produce lab report results or any evidence that substance allegedly taken from her was a controlled dangerous substance. Case dismissed.
Client accused of Grand Larceny for stealing cattle. Counsel set case for trial. State dismissed prior to jury selection.
Client accused of Rape. Alleged victim sought a Protective Order. Client’s previous lawyer agreed to an interim Order of Protection while the criminal investigation of the Rape accusation was ongoing. Client hired one of our attorneys who urged the District Attorney’s Office not to file charges because the allegation was false. Our attorney attended the Protective Order hearing and challenged the client’s accuser. The Order of Protection was dismissed and the DA chose not to file charges.
One of our attorneys represented Co-Defendants on Burglary/Conspiracy charges. Star witness was a known thief/drug addict. Cases both dismissed at preliminary hearing.
Deputy served arrest warrant on one of our clients at his home. Counsel filed a Motion to Suppress the evidence, arguing service of the warrant, and the subsequent search were illegal. State dismissed the case 4 days before the hearing on the Motion. District Attorney in another County was unable to use the illegally seized evidence to revoke the client’s probation in which he would have been sentenced to at least 8.5 years in prison.
Client charged with the felony offense of “unauthorized use of a vehicle.” Case dismissed at preliminary hearing.
State filed Application to Accelerate client’s deferred sentence due to failure to report for probation. Our attorney was able to show the DA that client’s probation had actually ended, even though App was filed in time. Client was mentally ill and missed reporting due to mental illness. Our attorney convinced the State it would best serve justice if client could be off probation and continue his treatment for his mental illness.
Client charged with Possession of Drugs in the Presence of a Minor. Case dismissed at Preliminary Hearing when State is unable to present any evidence of drugs or minor children.
Burmese immigrant charged with the felony of Acquiring Proceeds of Drug Activity (see Civil Forfeiture section, below. There was not one iota of evidence that linked client to any criminal activity, let alone drug trafficking. The District Attorney dismissed the felony charge with prejudice, returned every penny of the money to him, and helped us recover the money our client had to pay a bail bondsman.
Young man from California is arrested driving through McIntosh County when 18 kilos of cocaine is found in a hidden compartment in his vehicle. Case is dismissed on a Motion to Quash at the District Court level. State files an appeal and defense counsel convinces the Oklahoma Court of Criminal Appeals that the dismissal was proper and the charges should be dismissed.
Oil & Gas Company is ordered to pay nearly half-million dollars in damages when a directional drilling unit is lost “in the hole”. On appeal, counsel successfully argues that Appellant should not be responsible for the cost of the unit, since the directional drilling company continued drilling against the advice of Appellant.
Revocation of client’s license from DUI arrest set aside for insufficient evidence pending appeal to District Court.
DUI case case came on for Suppression Hearing where one of attorneys challenged the traffic stop and arrest of our client. Case dismissed at hearing. Counsel also held a hearing with the Department of Public Safety and successfully argued that the Intoxilizer 8000 test results were invalid under the Administrative Procedures Act.
Client plead no contest to DWI (a lesser included offense of DUI) and received a deferred sentence (meaning no conviction). One of our attorneys requested a hearing with the Department of Public Safety immediately after his arrest. Counsel held the DPS Hearing and client’s license was suspended. Counsel appealed to District Court and got the suspension set aside based on illegal test results.
Client arrested for DUI. Chooses not to hire counsel and pleads guilty. He receives a deferred sentence in municipal court not realizing his license would be suspended. Client hires one of our attorneys to fight for his driver’s license. Hearing held with Department of Public Safety. Counsel was able to prove that client did not refuse a breathalyzer test. He simply could not produce enough air for the machine due to severe COPD. Officer admits he did the test improperly and never told the client he could have taken a blood test if either he or the officer wanted him to take one. Suspension set aside and license returned to client.
Woman acquitted of DUI, referenced in the Not Guilty Verdicts section, above. Counsel appeared at hearing with Department of Public Safety, license suspension set aside and client kept her driver’s license.
Client charged with Violation of a Protective Order. Counsel filed Motion to Dismiss stating that no violation occurred per the language of the Order itself. State chose to dismiss rather than show up and argue the Motion.
Client charged with all kinds of things including a felony. At preliminary hearing, State agreed to reduce felony to misdemeanor and defer sentencing. Client accepted. State filed an Application to Accelerate Deferred Sentence alleging client violated probation by committing the crime of Domestic Battery. At the hearing, one of our attorneys successfully argued that the State had insufficient evidence to accelerate the deferment. Judge agreed. Case dismissed. Client very happy.
Client charged with Domestic Battery in 2004. He was unaware the charge had been filed and that he had a Warrant for his arrest until he was picked up on the Warrant in 2014. Our investigation discovered the alleged victim had moved to California many years ago and would not appear as a witness. One of our attorneys convinced the State to waive a jury and hold a bench trial in lieu of responding to a Speedy Trial Motion. At the trial, the State had no witnesses to call. Case dismissed by State.
Client’s wife had bruises from falling down. Police called to her residence in response to a “domestic disturbance” call. Client has long rap sheet and local police know him very well. Client arrested for Domestic Assault and Battery. One of our attorneys filed a Motion to Dismiss. The State dismissed prior to the Hearing because they knew client’s wife would testify to the truth and not the officer’s narrative.
Client charged with Domestic Battery. One of our attorneys filed a Motion to Suppress, arguing that the officers made an illegal arrest. Case is set case for a hearing on the motion and a Non-Jury Trial to be heard on the same day. Alleged victim recanted and refused to appear in court. Case dismissed.
CIVIL FORFEITURE CASES
One of our attorneys took a case as local counsel for the Institute for Justice. Muskogee County Sheriff’s Office seized $53,000 from a Burmese immigrant who was managing a national tour for a Christian Band. Part of the money was for an orphanage in Thailand and a Christian liberal arts college in Burma/Myanmar. Case made the national news and the District Attorney dismissed the case and returned all of the money. Note: For more information about this case and the Institute for Justice, see the Links Section of this webpage.
Client’s ex-husband filed for emergency custody of child based upon myriad of unsubstantiated allegations. 4 hour hearing held. Court ruled in favor of OUR client and she kept custody of her child.
Father filed for emergency custody of a young child based on a spanking administered by our client’s new husband. The spanking left marks. A grand jury in another state refused to indict husband on the felony charge of Child Abuse. DA moved forward with misdemeanor proceedings in the other state. Client and her husband completed a treatment plan voluntarily with out of state CPS. At the Emergency Custody hearing, one of our attorneys was able to convince the judge that no true emergency existed and our client was able to keep custody of her child.
Client retained one of our attorneys for divorce proceedings. The client suspected that his wife had been having an extramarital affair with another man, and that their child may not be his. Counsel filed for divorce and requested court ordered DNA testing. The wife answered and requested child support and alimony. Genetic Testing Test results revealed that it was virtually impossible the child was our client’s. The Court granted our request for a divorce and denied the wife’s request for child support and alimony. The Court also ordered the wife to reimburse our client for the costs of the genetic testing.
One of our attorneys represented a paternal grandmother in guardianship proceedings. The father of the child was a minor and the mother was an extremely irresponsible grown woman. The mother and her attorney agreed to consent to our client’s guardianship but we agreed to allow unsupervised visitations at the maternal grandparents’ home. The mother took the child to her parents’ home and sneaked away to her boyfriend’s house with the child. The mother had a medical emergency and left the child with her boyfriend to go to the emergency room. The boyfriend beats the child and severely injures the child. State files a Deprived Child action against the mother and our client alleging “failure to protect.” After a dozen or so hearings, the State agreed to dismiss the case because there was no evidence of any fault on our client’s part. The guardianship was amended and our client remained Guardian of the child with supervised visitation to the mother. The child is never adjudicated deprived and never had to leave our client’s home.