Results Matter
12-16-2020
Commonwealth v. B.T.
Charge: THEFT BY UNLAWFUL TAKING OVER $10,000.00 (CLASS C FELONY : 5-10 YEARS) AND CRIMINAL MISCHIEF, 1ST DEGREE (CLASS D FELONY: 1-5 YEARS)
Client was charged with stealing and destroying equipment from his employer. We were able to prove that the alleged stolen equipment had actually been determined to be obsolete, damaged, and no longer functional to the extent that it did not have any value.
Result: ALL CHARGES DISMISSED
10-13-2020
Commonwealth v. C.S.
Charge: ASSAULT 4TH DEGREE DOMESTIC VIOLENCE (NO VISIBLE INJURY)
The wife of our client alleged that he shoved her to the ground during an argument. Client was arrested and charged with assault solely based his wife's version of the events. Ultimately, we were able to prove that he only pushed his wife off of him because she was hitting him.
Result: CHARGE DISMISSED
3-2-2020
Commonwealth v. N.S.
Charge: 2 CASES - ASSAULT 4TH DEGREE DOMESTIC VIOLENCE (NO VISIBLE INJURY) AND ASSAULT 4TH DEGREE DOMESTIC VIOLENCE (MINOR INJURY)
First Case - Client was alleged to have smacked his wife across the face causing her to fall to the floor, no visible injury was identified by the officer. Second Case- Client was alleged to have twisted the arm of his wife causing her to fall to the floor, the officer observed red marks on the arm of the wife. After further investigation into the cases, it was determined that the wife was highly intoxicated and was the aggressor on both occasions. His wife ultimately admitted that the accusations were false.
Result: ALL CHARGES DISMISSED
2-20-2020
Commonwealth v. K.P.
Felony Indictment: TRAFFICKING CONTROLLED SUBSTANCE 1ST DEGREE (HEROIN), TRAFFICKING CONTROLLED SUBSTANCE (>2GMS METHAMPHETAMINE), TRAFFICKING CONTROLLED SUBSTANCE 3RD DEGREE, DRUG PARAPHERNALIA AND DUI 1ST OFFENSE
Client was found passed out in a parking lot with her vehicle running and in gear. Client was arrested for DUI. After client was arrested police officers searched the vehicle of Client without permission and found heroin, methamphetamine, scales and cash.
Result: ALL CHARGES DISMISSED
2-5-2020
Commonwealth v. B.D.
Charge: THEFT BY UNLAWFUL TAKING $500 OR MORE BUT UNDER $10,000 (CLASS D FELONY: 1-5 YEARS)
Client was was detained by Loss Prevention at his place of employment. Client was accused of stealing more than $400 worth of Merchandise and consuming more than $100 worth of food without paying for it.
Result: AMENDED TO MISDEMEANOR AND DIVERTED TO BE DISMISSED
2-5-2020
Commonwealth v. I.O.
Charge: WANTON ENDANGERMENT 1ST DEGREE (CLASS D FELONY) and TERRORISTIC THREATENING 3RD DEGREE (CLASS A MISDEMEANOR)
Client was alleged to have been involved in a dispute with 3 of his employees. One of the employees accused client of pointing a loaded handgun in the face of another employee and threatening to kill him. When police arrived they found a loaded handgun laying in open view which matched the description of the handgun alleged to have been used by our client. We acquired video which contradicted the allegations of the employee who made the report and the employee who was alleged to have been threatened was interviewed by our investigators (police did not bother to interview him) and claimed that these events never occurred.
Result: ALL CHARGES DISMISSED
4-26-2019
Commonwealth v. G.S.
Charge: CRIMINAL POSSESSION OF FORGED INSTRUMENT - 1ST DEGREE (CLASS C FELONY: 5-10 YEARS), TRAFFICKING IN MARIJUANA and POSSESSION OF DRUG PARAPHERNALIA
After a search of our client's residence, police accused client of possessing over $800 worth of counterfeit 20 and 50 dollar bills, trafficking marijuana and possessing drug paraphernalia. After a Preliminary Hearing the judge ruled that there was not probable cause to support the felony charge and the Commonwealth moved to dismiss the remaining charges.
Result: ALL CHARGES DISMISSED
6-13-2019
Commonwealth v. H.S.
Charge: COMPLICITY TO TRAFFICKING CONTROLLED SUBSTANCE - 1ST DEGREE (>=2 GMS METHAMPHETAMINE) (CLASS C FELONY 5-10 YRS), COMPLICITY TO TRAFFICKING CONTROLLED SUBSTANCE - 1ST DEGREE (HEROIN) (CLASS C FELONY 5-10 YRS) and POSSESSION OF CONTROLLED SUBSTANCE - 1ST DEGREE (METHAMPHETAMINE) (CLASS D FELONY 1-5 YRS)
Client was pulled over for minor traffic violation. After client was stopped a K-9 performed a "free air sniff" of client's vehicle and gave a positive alert that drugs were in the vehicle. As a result, police officers searched the vehicle and discovered multiple baggies of methamphetamine, heroin and pills, along with a digital scale. We filed a motion to suppress all evidence due to an illegal search of the vehicle, which the court granted.
Result: ALL DISMISSED
5-29-2019
Commonwealth v. N.B.
Charge: MAKING FALSE STATEMENTS TO OBTAIN OR INCREASE BENEFITS OVER $100 (CLASS D FELONY 1-5 YRS)
Client was accused of receiving months of state benefits without reporting new employment which disqualified client from receiving the benefits.
Result: DISMISSED
3-14-2019
Commonwealth v. J.R.
Charge: ASSAULT 3RD DEGREE - POLICE OFFICER (CLASS D FELONY 1-5 YRS), RESISTING ARREST, DISORDERLY CONDUCT, FLEEING OR EVADING POLICE 2ND DEGREE, ESCAPE 3RD DEGREE and ALCOHOL INTOXICATION IN A PUBLIC PLACE
Client was arrested for AI and Disorderly Conduct. He was transported to the jail where he was alleged to have kicked open the back door of the police cruiser and knocked a police officer to the ground. Client was then alleged to have fled from the jail before he was caught by two additional officers and a physical altercation ensued. The officers received numerous scrapes and scuffs from the incident.
Result: DIVERSION
1-16-2019
Commonwealth v. T.S.
Charge: PROMOTING CONTRABAND - 2ND DEGREE
Client (an attorney) was accused of providing a client with tobacco products while visiting in a local detention center.
Result: DISMISSED
12-19-2018
Commonwealth v. B.C..
Charge: DUI 1ST OFFENSE (AGGRAVATED) and WANTON ENDANGERMENT - 1ST DEGREE (2 COUNTS) (CLASS D FELONY) (POSSIBLE 10 YEARS TOTAL)
Client was arrested after a motor vehicle accident with two children in the vehicle. Client blew .236 on an intoxilyzer machine.
Result: AMENDED TO MISDEMEANOR - WANTON ENDANGERMENT 2ND DEGREE- NO JAIL TIME TO SERVE- MINIMUM PENALTY ON DUI 1ST DEGREE
12-11-2018
Commonwealth v. J.B.
Charge: ASSAULT 4TH DEGREE- DOMESTIC VIOLENCE and CONTEMPT OF COURT
Client was accused of punching his girlfriend in the head and dragging her out of their residence by the hair. The defendant was not at the residence when police were called. Client subsequently missed a court date resulting in a warrant and a contempt of court charge. We were able to get the warrant recalled and the contempt of court charge dismissed. The Commonwealth was unable to prove their case on the assault charge.
Result: ALL CHARGES DISMISSED
6-11-2018
Commonwealth v. T.R.
Charge: DUI 1ST OFFENSE, NO/EXPIRED REGISTRATION PLATES, NO/EXPIRED REGISTRATION RECEIPT
Client was stopped by the Kentucky State Police at a Roadblock / "Traffic Safety Checkpoint", the trooper detected a smell of marijuana. Was arrested for DUI and taken to the hospital for a blood draw. The blood test reflected a marijuana in the blood of our client. We filed a motion challenging the constitutionality of the roadblock. The Court agreed with us that the roadblock was unconstitutional and all evidence resulting from the roadblock was suppressed.
Result: ALL CHARGES DISMISSED
5-14-2018
Commonwealth v. R.T.
Charge: ASSAULT 4TH DEGREE DOMESTIC VIOLENCE - MINOR INJURY
Client was arrested and accused of hitting her husband with a glass vase which cut her husband on the arm and stomach. We argued that our client acted in self-defense and prevailed.
Result: DISMISSED
5-11-2018
Commonwealth v. M.W.
Charge: ASSAULT 4TH DEGREE DOMESTIC VIOLENCE - MINOR INJURY and RESISTING ARREST
Client was accused of assaulting her boyfriend by hitting him multiple times in the head. When police attempted to place client under arrest it was alleged that she failed to cooperate and fought with the police officer.
Result: DISMISSED - ASSAULT 4TH DEGREE and AMENDED - RESISTING ARREST to DISORDERLY CONDUCT
3-27-2018
Commonwealth v. J.M.
Charge: FLEEING OR EVADING POLICE- 2ND DEGREE and ALCOHOL INTOXICATION IN A PUBLIC PLACE
Client was accused of walking down a city street intoxicated. Upon being advised to stop it, it was alleged that our client fled from the police officers and he was ultimately tackled by two police officers.
Result: ALL CHARGES DISMISSED
4-19-2018
Commonwealth v. M.B.
Felony Indictment: BURGLARY, 2ND DEGREE- CLASS C FELONY (5 - 10 YRS)
Client was accused of burglarizing an apartment after items were found in the apartment with his finger prints. We argued that the finger prints resulted from our client handling the items while working at a grocery store where the items were purchased.
Result: DISMISSED
4-17-2018
Commonwealth v. M.S.
Charge: RECKLESS ABUSE/NEGLECT OF ADULT BY PERSON (ELDER ABUSE)
Police responded what was reported as a possible domestic violence incident. Upon their arrival they found the mother of our client was unable to care for herself and our client, who was her caretaker, was accused of neglecting her by allowing her to live inhumane conditions. We argued that our client was caring for his mother to the best of his abilities and we worked with Madison County Attorney to get services put in place to assist with her care.
Result: DISMISSED
3-22-2018
Commonwealth v. F.R.
Charge: DUI, POSSESSION OF OPEN ALCOHOL CONTAINER IN MOTOR VEHICLE, LICENSE TO BE IN POSSESSION and FAILURE TO PRODUCE INSURANCE CARD
Police responded to an accident, upon making contact with client he reported to the police officer that he did not know what happened or how he got there. The officer claimed to smell a strong odor of alcohol coming form our client. A witness at the scene stated to police that he helped our client out of the drivers seat of the vehicle. A cooler of beer was found in the vehicle and an open beer was found in the driver's side floorboard. Witnesses stated that no other individuals were in the vehicle upon their arrival. Client was taken to detention center where he was unable to submit to an intoxilyzer test, and he was ultimately transported to the hospital for a blood test. Client refused to sign a consent form for his blood to be drawn and the police officer characterized him as refusing the blood test. We were able to successfully fight the refusal characterization of the blood draw, which prevented our client's drivers license from being pretrial suspended and it prevented the Commonwealth from using the refusal of a blood test against our client at trial. Due to the lack of a blood test and and issues we raised regarding the operation of the vehicle, the DUI charge was amended.
Result: DUI AMENDED TO OPERATION CONTRARY TO LAW - NO LICENSE SUSPENSION - NO DL POINTS and ALL OTHER CHARGES DISMISSED
3-14-2018
Commonwealth v. M.W.
Felony Indictment: WANTON ENDANGERMENT -1ST DEGREE (3 COUNTS) (1-15 YRS), DUI , ALCOHOL INTOXICATION IN PUBLIC
Client was accused of driving on under the influence with his minor child in the vehicle. It was also alleged that our client nearly hit two other motorists while traveling down the interstate.
Result: DIVERSION
3-5-2018
Commonwealth v. V.D.
Felony Indictment: ASSAULT 2ND DEGREE, CLASS C FELONY (5-10 YRS), TAMPERING WITH PHYSICAL EVIDENCE, CLASS D FELONY (1-5 YRS)
Client was alleged to have abused her 15 year old child by beating the child with a large stick, leaving several large bruises and an imprint of the stick. Police also alleged that she broke and hid the stick during the investigation. We argued that the facts of this case did not meet the threshold for a charge of Assault 2nd degree because the child did not suffer "serious physical injuries" and the stick did not qualify as a "deadly instrument", which resulted in the charge being amended
Result: ASSAULT 2ND DEGREE AMENDED to misdemeanor ASSAULT 4TH DEGREE and TAMPERING WITH PHYSICAL EVIDENCE DISMISSED
2-28-2018
Commonwealth v. D.S.
Charge: RECEIVING STOLEN PROPERTY $10,000 OR MORE, CLASS C FELONY (5-10 YRS)
Client was found to be in possession of a horse trailer valued at over $60,000, which was allegedly stolen from a business in another county.
Result: ALL CHARGES DISMISSED
2-26-2018
Commonwealth v. P.S.
Charge: AGGRAVATED DUI, NO/EXPIRED REGISTRATION RECEIPT and NO/EXPIRED REGISTRATION PLATES
Client was found passed out in his vehicle with the engine running. The police officer alleged that client was "very intoxicated" and the officer claimed that he was unable to administer field sobriety tests because of client's "drunken condition". Client was arrested and taken to the Madison County Detention Center where an intoxilyzer breath test was conducted. According to the intoxilyzer, had a blood alcohol level of .313. We argued that there was no proof of operation of the vehicle or proof that our client was intending to operate the vehicle, which resulted in the DUI charge being amended.
Result: AGGRAVATED DUI AMENDED TO ALCOHOL INTOXICATION IN PUBLIC and ALL OTHER CHARGES DISMISSED
2-6-2018
Commonwealth v. N.R.
Charge: AGGRAVATED DUI
An anonymous individual called 911 and reported that our client was leaving a local restaurant under the influence of alcohol. The caller told the 911 dispatcher the name of our client, a description of her vehicle and the direction she was driving . A short time later a police officer spotted Client's vehicle and made a traffic stop. The police officer alleged that he smelled an odor of alcoholic beverages coming from client, observed blood shot eyes, and and the she was unsteady on her feet. Client was arrested and transported to the hospital for a blood test. Client refused to sign the hospital's liability waiver and the hospital refused to take the blood test. The police officer charged our client with refusing to take the test. We were able to help client avoid having her drivers license pretrial suspended by arguing that this was not a refusal because the hospital was actually the party who refused to administer the test. The Commonwealth was prevented from introducing evidence that our client refused to take the blood test at trial. We filed a motion requesting the Court to suppress all evidence based on the anonymous tip being unreliable, and ultimately the Commonwealth agreed to amend the charge.
Result: AGGRAVATED DUI AMENDED TO OPERATION CONTRARY TO LAW - NO LICENSE SUSPENSION - NO DL POINTS
2-5-2018
Commonwealth v. V.R.
Charge: CRIMINAL TRESPASSING -3RD DEGREE and TERRORISTIC THREATENING - 3RD DEGREE
Client had an altercation with his neighbor over a property line dispute. The neighbor alleged that our client came onto his property and threatened to kill him.
Result: ALL CHARGES DISMISSED
1-19-2018
Commonwealth v. I.V.
Felony indictment: POSSESS/VIEW MATTER PORTRAY SEXUAL PERFORMANCE BY MINOR, CLASS D FELONY (10 Counts) (1-20 YRS) and USE OF MINOR UNDER 18 IN A SEXUAL PERFORMANCE, CLASS C FELONY (5-10 YRS)
A cell phone that allegedly belonged to our client was seized pursuant to a search warrant in an unrelated case involving suspected drug trafficking. When police searched the phone they discovered photos and videos of our client's girlfriend, who was believed to be 17 years old at the time they were taken and recorded. We filed a motion to suppress all evidence seized pursuant to the search warrant and our motion was granted, which resulted in all evidence in this case being suppressed and all charges dismissed.
Result: ALL CHARGES DISMISSED
1-12-2018
Commonwealth v. C.K.
Charges: ASSAULT 4TH DEGREE MINOR INJURY
Client was accused of assaulting her boyfriend which resulted in minor injuries.
Result: ALL CHARGES DISMISSED
12-5-2017
Commonwealth v. C.H.
Charge: ATTEMPTED MURDER - 3 Counts
Client was charged with Attempted Murder after it was alleged that he fired multiple shots into the passenger compartment of a passing vehicle with three occupants inside. The charges were amended to the Attempted Assault, 1st Degree, by the Grand Jury. We raised issues relating to self defense and ultimately the charges were amended to Wanton Endangerment.
Result: DIVERSION
12-5-2017
Commonwealth v. K.H.
Charge: ASSAULT 4TH DEGREE DOMESTIC VIOLENCE
Client was arrested and accused of punching spouse in the head.
Result: DISMISSED
11-28-2017
Commonwealth v. W.S.
Charges: DUI and DISORDERLY CONDUCT
Police were dispatched to a vehicle accident and encountered our client and a witness upon arrival. The witness stated that our client was passed out behind the wheel when he arrived and stated that he had a hard time waking client up. The witness then stated that our client attempted to leave the scene but he took his keys away and prevented him from leaving. The police officer claimed to smell a strong odor of alcohol coming from client's breath. The officer also reported that our client need assistance walking due to his intoxicated state. Client was asked to complete field sobriety tests and refused to do so. Client was placed under arrest and transported to the hospital. Once at the hospital the police officer alleged that our client became extremely irate, and started yelling and cussing at the hospital staff. Client was charged with refusing the blood test because the officer claimed they were unable to take a blood sample due to his conduct. We filed a motion relating to the operation of the vehicle and the Commonwealth was unable to prove when our client actually operated the vehicle, or if he was under the influence at that time the accident occurred.
Result: AMENDED OPERATION CONTRARY TO LAW - NO LICENSE SUSPENSION- NO DL POINTS- NO JAIL TIME; DISORDERLY CONDUCT CHARGE WAS DISMISSED
3-28-2017
Commonwealth v. L.A.
Charge: DUI and LEAVING THE SCENE OF AN ACCIDENT
A law enforcement officer observed client's vehicle collide with a parked vehicle and it was alleged that the client attempted to leave the scene of the accident without stopping. Client was arrested and transported to the hospital for a blood draw and charged with Driving Under the Influence of Alcohol. The blood test came back with a blood alcohol level of .13. We made a motion to excluded the blood test results which was granted.
Result: DUI AMENDED to a violation for Operation Contrary to Law and Leaving the Scene of an Accident was DISMISSED, no license suspension, no jail time
3-13-2017
Commonwealth v. A.B.
Charge: DUI and LEAVING THE SCENE OF AN ACCIDENT
Under 21 client was involved in a single vehicle accident and was alleged to have abandoned the vehicle in the roadway where it was struck by another vehicle. Client was located walking a short distance from the accident. Law enforcement officers detected a strong smell of alcoholic beverage on client. Client was taken to the hospital and a blood test was taken. The blood results were suppressed before they were returned because they were taken by an improperly.
Result: DUI AMENDED to a violation for Operation Contrary to Law and Leaving the Scene of an Accident was DISMISSED, no license suspension, no jail time
1-23-2017
Commonwealth v. J.D.
Felony Indictments: 1ST DEGREE POSSESSION OF CONTROLLED SUBSTANCE (HEROIN) and BAIL JUMPING
Client was arrested on an outstanding warrant and a Heroin was located in his pant pocket, which lead to him being charged with Possession of Heroin. Client was indicted in 2015, but failed to show up for his arraignment in Madison Circuit Court. A fugitive warrant was issued and client was subsequently indicted for Bail Jumping. Client remained a fugitive until late 2016.
Result: DIVERSION
1-13-2017
Commonwealth v. D.M.
Charge: VIOLATION OF KENTUCKY E.P.O / D.V.O. KRS 403.763
A domestic violence order was issued against client. Law enforcement responded to a report that our client had made contact with the protected subject in a local park. Client was located in the park and was arrested on the spot. We were able to prove that the contact was not intentional and it was not initiated by our client.
Result: DISMISSED