Background

Case Results

Case Results

Residential Burglary dropped to Petty Theft with credit for time served-Motion to Suppress

Charge Dropped

Client charged with the residential burglary (a strike offense) of his sister’s house. He was detained and searched outside of the residence and her property was located on his person. We filed a Motion to Suppress the evidence based on an unlawful search and in addition we challenged the lawfulness of his statement to the police. The judge agreed to suppress the evidence and statement based on the motion. The District Attorney believed that they could proceed with other witnesses to establish the offense, however, they conceded that the case had been significantly weakened and offered the reduced charge. The client decided against a costly trial and chose to accept the no jail offer. Client had faced up to 6 years in state prison.

Welfare Fraud Charges Dismissed-Collateral Estoppel

Charges Dismissed

A county employee and his wife were charged with welfare fraud after he sustained a workplace injury and was out of work. As a result, his wife applied for food stamps to make ends meet while he was unable to work and had reduced income. The county believed that it had overpaid the family and alleged that they failed to report income when he returned to work and filed charges. Clients were found to not be responsible for this conduct at a State hearing on the same issue. We argued to dismiss the criminal charges based on the legal doctrine of Collateral Estoppel, essentially arguing that the same issues were ruled on by a different judge at a different hearing and that the ruling should be binding. The judge of the Superior Court agreed and dismissed the case against husband and wife.

University Title IX Investigation - Client Cleared Of Dating Violence Allegations, Accuser Faces Expulsion

Client was accused of dating violence on campus by ex-girlfriend and faced possible expulsion from the university as well as possible criminal charges. The incident involved the ex-girlfriend confronting client while he was on a date with another female and physically assaulting him. She called the police and claimed he assaulted her. The incident was reported by campus police to the District Attorney’s Office who rejected the case, even though client was arrested and forced to post bail. Pursuant to Title IX, the university was compelled to conduct an investigation into the allegations despite no criminal prosecution. We immediately filed a complaint with the university under the same provisions of the law against the ex-girlfriend alleging acts of violence, harassment and stalking. The university was then compelled to begin an investigation into her actions. After an extensive investigation, the university substantiated all of our complaints and found additional instances of misconduct by the ex-girlfriend. They rejected all of the serious allegations made by the ex-girlfriend with the exception of one minor incident from the past. Client’s academic career is safe and he is expected to graduate on time. The ex-girlfriend faces expulsion as a result of her numerous violations.

Murder Trial-Not Guilty

Reduced Sentence

Client was charged with First Degree Murder for the killing of his romantic rival in what was referred to as a love triangle. After a month long trial in which we presented a self-defense case, the jury deliberated for three days and acquitted client of First and Second Degree Murder. He was found guilty of a lesser related offense of Voluntary Manslaughter and eventually sentenced to 7 years in prison. With credit for time already served he will be released in four years. Client was facing life in prison.

Murder

Discharged - 9/18/2015

The client was discharged at the end of a four day preliminary hearing. It is very rare to be discharged at this stage of the case.

The prosecutor was attempting to link the client to the killing by his membership in a gang and his presence at the scene and possible participation in the fight. Joe Bisbiglia successfully argued that the client's mere presence was insufficient evidence to hold him.

Read more on this case in our blog!

Felony Child Endangerment Leading to Death and Involuntary Manslaughter Jury Trial

Not Guilty

Client (mother) charged with as a result of the tragic drowning death of her infant son in the family's home. We presented evidence to the jury that showed this death was accidental and that there was no negligence on the part of the mother. Client found Not Guilty of all charges. Client's prison exposure was 10 years and two "strike" convictions.

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