Congratulations to Angus Dunlavey on winning a motion hearing the day of trial that caused the case to be dismissed in its entirety!

Mr. Dunlavey’s client had been accused of the crime of Harassment.  This charge carried a potential jail sentence of 6 months.  This case was eligible for the Domestic Violence Deferred Sentencing program (a deal to get a case dismissed in exchange for doing classes - and many other obligations).   However, Mr. Dunlavey’s client declined that option so that he could have a trial on whether he actually committed the crime of Harassment. 

The basis of the prosecutor’s accusation against Mr. Dunlavey’s client came from statement the alleged victim supposedly made to a friend.  The prosecutor could not prove the case by relying upon the actual investigation involving the interview of the alleged victim and the observation of the police.  It all relied upon the testimony of a friend of the alleged victim (one who didn’t like Mr. Dunlavey’s client).  On the morning of trial, Mr. Dunlavey challenged the reliability of that friend’s statements.  Mr. Dunlavey won that motion hearing (a motion hearing is when someone makes a challenge or request of the judge – a motion – and the judge holds a hearing – a mini-trial to decide the motion without the jury present).  Since the entirety of the prosecutor’s allegations were based on those unreliable statements by the friend – and those statements could no longer presented to the jury – the judge dismissed the case!