Sunday, May 8, 2011

One Day, Two Criminal Jury Trials, Two Not-Guiltys

Last week, I was faced with the dubious task of having two criminal jury trials on the same day.  Going into it, I knew this was not going to be an easy day.  Fortunately, after a very long day at the courthouse, I walked away with two not guiltys.

Trial Number One

The first trial was an aggravated DWI trial.  My client was pulled over for speeding and she had a open container in her vehicle.  The officer gave her the standard field sobriety tests, which my client performed well on.  However, she chose not to take the breathalyzer.  She was then arrested and charged with aggravated DWI.

At trial, I confronted the police officer with the proper way to give the standard field sobriety tests, and had him admit that he did not conduct them properly.  Then I was able to get him to admit that my client was driving properly, although she was speeding. 

When the case went to the jury I knew I had done a good job of showing the jury that the police had not given the field sobriety tests properly and so shouldn't be considered, and that my client was not driving improperly, and unltimately she showed no signs of intoxication.

The jury deliberated for about 30 minutes and came back with a verdict of not guilty!  I was, and still am, very excited for my client.  Justice definitely prevailed that day.

Trial Number Two

My client was charged with battery against a household member, the alleged victim was his ex-wife.  While in the middle of a custody battle, my client's wife claimed she was beaten by him.

After investigating the alleged scene of the crime and interview the alleged victim, it was apparent to me she had created this fake crime to try and take my client's children away from him.  The jury saw this as well.

At the trial the investigating officer admitted there was no physical evidence to link my client to the alleged crime.  The alleged victim changed her story a couple of time on the stand, and it was apparent the jury did not believe her.

The jury deliberated less than 15 minutes and came back with a not-guilty verdict.

It was a long and hard day, but very rewarding, for my clients especially, and for myself.

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