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Recent Case Results

2013

Settlement: Excessive Force case ---mediation --settled claims against a University and Police Department Not Guilty :

Assault 3rd ---- Client found not guilty in an assault case. Officer never interviewed the alleged victim. 

Public intoxication. - client found not guilty.

2012

Possession of a controlled substance case dismissed
Possession of a controlled substance case dismissed when evidence was presented to the District Attorney that our client was the victim of identity theft. We convinced the Prosecutor to analyze booking photos and fingerprints in the State data base.

Montevallo minister files federal lawsuit over mistaken arrest warrant. A Montevallo minister who had a warrant mistakenly issued for his arrest on a drug charge and his picture posted on the sheriff's office most-wanted list has filed a federal lawsuit against the Shelby County Drug Enforcement Task Force. Click here to read full article.

2011 Results

Charge : Robbery in the First Degree - Very serious charge where client was accused of robbing victim at gunpoint. If convicted client faced a minimum of 20 years in jail. Case was dismissed when it was proven that witness made a mistaken identification of the client.

Charge : Obstruction of Justice - Felony Charge was reduced to giving a false name which is a misdemeanor charge upon successful negotiations with the Office of the District Attorney.

2010 Results

Obstruction of Justice - felony charge reduced to giving false information (a misdemeanor) - we were able to help the client avoid a probation revocation and a prison sentence as a result.

Driving under the Influence of a Controlled Substance - dismissed upon agreement with the District Attorney ; client faced no charges as a result.

We were able to help a client keep their Commercial Drivers License and stay the pending suspension.

We just negotiated the reduction of a felony forgery charge to a misdemeanor possession of a forged instrument resulting in no jail time and non-supervised probation for the client.

We recently settled a police misconduct case. Our client received compensation for his injuries as well as pain and suffering.

Charge: Concealing a firearm without a permit

• Facts: Charged dismissed after proving that permit had been properly renewed.

Charge: Possession of a Controlled Substance

• Facts: Client was a passenger in a car stopped for a traffic violation. A search of the car found a controlled substance located in a common area of the vehicle. Client contends that drugs belonged to another passenger. The case was waived to the grand jury.
  
  
• Result: Grand Jury returned a no bill meaning that they did not believe enough evidence of the drugs being the clients was presented.

Charge: Forgery and Possession of Forged Instruments

• Facts: Client was wrongfully charged with forgery and possession of forged instruments.
  
  
• Results: After discussing this case with the detective assigned to the case the charges were dismissed.
  

2009 and 2008 Case Success

Charges: Rape 2nd and Sodomy 2nd

• Facts: Client was Charges with Rape and Sodomy. Minimum sentence included jail time and registration as a sex offender. Charges were reduced to sexual misconduct - a misdemeanor with no requirements on where you can live.

Charge - Attempted Murder

• Facts: Client was charged with attempted murder (Class A felony with a range of punishment of 10-99). We presented evidence to the State which would show that the element of intent to kill could not be proven. T
  
  
• Results:The state amended the charge to Attempted Assault 1st which is a Class C felony (range of punishment of 1 year and a day to ten years).
  

Charge felony Child Abuse

• Facts: Client was charged with child abuse of a child for what she deemed to be disciplining the child. The District Attorney refused to dismiss the charge and the case was waived to the grand jury.
  
  
• Results: The Grand Jury returned a no bill meaning that the case was dismissed.
  

Charge - Domestic Violence 3rd

• Facts - Client Was Charged with Domestic Violence for an Argument and Alleged Threats Against Girlfriend's Daughter. Client did not claim residence in the apartment. Client did not receive mail at the apartment and did not have personal belongings at apartment.
  
  
• Results - Attorney made motion to dismiss on basis that Domestic Violence charges should not apply in this instance as Defendant did not live in the residence, was not related to the alleged victim and had no relationship with victim. Judge Dismissed the Case.
  

Charge - Unlawful Distribution of Controlled Substance

• Facts - Client faced two unlawful distribution of controlled substance charges based on an alleged sale to the State's Confidential informant.
  
  
• Results - Attorney made motion to dismiss when confidential informant was not produced by the State for Trial. Judge Dismissed the Case.
  

Charge Theft of Property

• Facts - Client faced a charge of stealing clothing from a department store.
  
  
• Results - The client was allowed to participate in a pre-trial diversion program where upon completion the case would be dismissed.

Charge Robbery 2nd Degree

• Facts - Client faced Robbery 2nd Charge with one prior. Sentence could range from 10-99 years depending on a number of factors.
  
  
• Results -Just prior to trial, attorney worked out a plea agreement for a Theft of Property 3rd plea (misdemeanor) which resulted in no jail time and the client avoided the possibility of a second felony.

Drivers License Appeal

• Facts - Client faced a ten year suspension of drivers license for a series of motor vehicle violations over a twenty year period.
  
  
• Results - We were able to get the reinstatement date of 2020 moved up to 2010.

Youthful Offender Status

We have had youthful offender status granted for our clients in a number of cases recently including drug possession, theft of property and robbery. Previously we have helped clients get youthful offender status while facing identity theft charges, robbery and discharging a gun into an occupied building. There is no magic formula that determines who will receive Youthful Offender status although actively preparing properly for a YO hearing does mean a higher probability of success. We prepare aggressively for all YO hearings.

Call Attorney Martin Weinberg Right Now at 205-785-5575