Two Clients, Same Result: Cases Dismissed

October 13, 2014

As one might expect, the facts of most criminal cases are in dispute between those involved.  Law enforcement, the complaining witness and the prosecutor see the case one way while the accused and his or her attorney view the case another way.  In this instance, a jury is typically called upon to hear the evidence and testimony in the case and render a verdict accordingly.  However, in some circumstances a dismissal of the charges can be achieved through a special agreement with the prosecutor known as a “conditional dismissal.”

Our first client, Mr. T, was accused of evading arrest after the vehicle he was sitting in was approached by police who suspected that the occupants were smoking marijuana.  Law enforcement claimed that they saw Mr. T exit the vehicle and run away, while Mr. T and the other occupants of the vehicle maintained that he was not in the car.  Given the disagreement over the facts of the case, our law firm convinced the assistant district attorney to dismiss the case if Mr. T performed 24 hours of community service, passed a drug screening and provided proof that he was currently enrolled in college.  The prosecutor approved the proposal, Mr. T completed the conditions and the case was dismissed without further proceedings.

Our second client, Mr. G, was accused of assaulting his wife.  The photographs of the alleged incident revealed very little evidence of an assault, but the complaining witness insisted that it occurred.  Rather than risk the possibility of a conviction and jail time, our attorneys proposed an arrangement that would result in an outright dismissal of the charges.  Mr. G agreed to undergo an alcohol evaluation and to complete an educational course regarding domestic violence.  Mr. G successfully performed these conditions and his case was dismissed.

Sometimes creative solutions to a problem are required when traditional options are not sufficient enough. At Fears|Nachawati Law Firm, we are committed to our clients and come up with creative solutions in order to successfully resolve your legal issues. Contact us today for a free case evaluation, we are eager to help you with all your legal needs.

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