Mr. Beach’s client stole a phone. The prosecutor charged Mr. Beach’s client with Theft 1. Due to sentencing rules for felonies, Mr. Beach’s client was supposed to be sentenced to prison if convicted. The shortest sentence that the prosecutor would agree to was 13 months of prison. So, Mr. Beach took the case to trial. At the trial, Mr. Beach showed that the prosecutor failed to prove that the value of the phone was $1,000 or more. For the theft to qualify as Theft 1, the value of the property stolen must equal or exceed $1,000. Accordingly, the judge had to reduce the criminal charge to Theft 2 - a misdemeanor. Therefore, Mr. Beach turned a prison sentence into a probation sentence by winning the value issue at trial!
Congratulations to Kylie Cin on another Jury Trial Win!
Ms. Cin’s client was accused of menacing. This charge carries up to 364 days of jail if convicted. This is the crime of placing another in fear of serious physical injury - basically, scaring someone that you are going to hurt them. The issue was that Ms. Cin’s client did karate moves in public, and a bystander (with whom Ms. Cin’s client made eye contact) felt fear. At trial, Ms. Cin’s cross examination of the arresting officer proved that her client was well known for doing karate practice in public. The jury agreed that there was no intent to frighten anyone and found her client Not Guilty!
Congratulations to Matthew Crusen on another Felony Jury Trial Win!
Mr. Crusen’s client was accused of Coercion and Harassment (child witness). If convicted of both charges, Mr. Crusen’s client faced up to six years of confinement. The allegation was that Mr. Crusen’s client held his wife and child in a home for two hours during a standoff with the police. Critical to the charges was the question of if Mr. Crusen’s client was forcing his family to stay in the home or not. At trial, the evidence established that Mr. Crusen’s client’s wife feared the police and their activity and not Mr. Crusen’s client. She feared what the police were doing; so she stayed in the home to stay safe. The jury accordingly found Mr. Crusen’s client Not Guilty of both charges.
Congratulations to Kylie Cin on an 11 Count Trial Victory!
Ms. Cin’s client had been accused of eleven crimes - basically all Identity Thefts and Forgery Offenses. The basic facts were that a man (who happened to be white - it’s relevant) was arrested for these crimes while at a bank. While being interviewed by the police, the man was asked if anyone else was involved. He pointed to a car with four black people driving out of the bank’s parking lot. Ms. Cin’s client was one of the people in that car. The arrested man then got a plea bargain where he agreed to testify against Ms. Cin’s client (and the other people in the car).
First, Ms. Cin challenged the investigation by the police. Through that challenge, Ms. Cin got all but three of the charges dismissed due to unlawful police behavior. That left three charges for trial. Each of those charges carried up to five years of prison if convicted. At trial, Ms. Cin proved that the only evidence to say that Ms. Cin’s client had broken any laws, offered by the prosecutor, was the testimony of that one man who got a deal in exchange for his testimony. There was no corroborating evidence! At the end of the prosecutor’s presentation of evidence, the judge granted Ms. Cin’s motion to dismiss the remaining three charges!
Congratulations to Kylie Cin and Adelaide Beeman-White for an Assault and Harassment Trial Win!
Ms. Cin and Ms. Beeman-White handled this trial together. Their client was accused of Assault 4 and two counts of Harassment. If convicted, he faced up to 2 years of jail (technically 1 year and 363 days). A witness had claimed that their client grabbed and dragged away a woman from a parking lot. At trial, Ms. Cin and Ms. Beeman-White proved that their client only pushed the alleged victim, that he pushed her because she was blocking his entry into his car, and that once he got his property from within his car he simply walked away. The judge granted the defense motion for dismiss of all charges!
Congratulations to Angus Dunlavey for a Jury Trial win saving his client 5 years!
Mr. Dunlavey’s client was accused of Felony Assault 4. This charge carries up to five years of prison. Unfortunately, given the sentencing rules, we expected Mr. Dunlavey’s client to get the full five years if we lost at trial. During the trial, Mr. Dunlavey’s cross examination of the ‘victim’ showed that the ‘victim’s’ story was inconsistent. Further, the ‘victim’ outweighed Mr. Dunlavey’s client by a hundred pounds and Mr. Dunlavey’s client ended up in the hospital while the ‘victim’ didn’t need any medical care. Naturally, Mr. Dunlavey argued self-defense. After all was done, the jury agreed with Mr. Dunlavey and found his client Not Guilty.
Congratulations to Tyler Beach on a Gun Case Trial Win!
Mr. Beach’s client was accused of Recklessly Endangering Another. If convicted, this carries up to 364 days of jail. Mr. Beach’s client had been in an argument - and was (incidentally) holding a handgun when the argument began. During that argument, the other person tried to grab away the gun and a struggled ensued. During that struggle, the gun fired - not hitting anyone (thankfully). During the trial, Mr. Beach proved that the only reason the gun fired was that the other person tried to grab it away (the discharge was accidental) and that Mr. Beach’s client never intended any harm to anyone (not even to scare the other person). At the end of the prosecutor’s presentation of evidence, the judge granted Mr. Beach’s motion to dismiss the case!
Congratulations to Tyler Beach on another Restraining Order Trial Win!
Mr. Beach represented a victim of domestic violence. However, the government did not prosecute the perpetrator. So, Mr. Beach obtained a restraining order against the perpetrator. The perpetrator challenged the order, so a trial was set. At the trial, the perpetrator admitted during Mr. Beach’s cross examination that he had punched Mr. Beach’s client and lied to the police during their investigation.
Congratulations to Joe Metcalfe on a Jury Trial win on an Unlawful Use of a Weapon & Menacing Case!
Mr. Metcalfe’s client was accused of Unlawful Use of a Weapon and Menacing. If convicted, Mr. Metcalfe’s client looked at six years of prison (technically five years and 364 days). The facts were that Mr. Metcalfe’s client was fighting with his brother (both are adults). During the fight, Mr. Metcalfe’s client stabbed a pair of scissors into a wall near his brother’s head. During cross examination, the brother admitted to being the actual aggressor and that he was never actually threatened with the scissors. Mr. Metcalfe had their father testify, who had witnessed the fight, who confirmed that the brother was the actual aggressor and that Mr. Metcalfe’s client was only defending himself. The jury returned a verdict of Not Guilty to both charges.
Congratulations to Tyler Beach on Winning an Elder Abuse Restraining Order Hearing!
Mr. Beach’s client was part of a family that was fighting with each other over their aging mother’s property. One sibling wished to prevent Mr. Beach’s client from talking with their mother; so, she convinced their mother to request an elder abuse restraining order. At the hearing Mr. Beach proved that the alleged abuse was that Mr. Beach’s client might contact the mother’s landlord and may spend some money for the care of the mother. Since this does not qualify as abuse, the judge ruled in Mr. Beach’s favor and dismissed the requested restraining order.