Congratulations to Joe Metcalf on obtaining dismissal of a Measure 11 (Nearly 6 Years of Prison) Case!

Mr. Metcalf’s client was accused of swerving his car to hit head on his (now former) girlfriend with the car.  The charge was Assault 2.  This is one of the ‘Measure 11’ crimes.  This means that if Mr. Metcalf’s client was convicted, he should receive 70 months (5.8 years) of prison (there is a way to sometimes avoid this full sentence). 

By relying primarily on the investigation and evidence collected by the police (as well as Mr. Metcalf’s investigation), Mr. Metcalf convinced the prosecutor that this case should be dropped without having to subject Mr. Metcalf’s client to a trial.  The marks on the car and the lack of actual injuries to the (very intoxicated at the time she made the claim) girlfriend did not support the allegation.  After the prosecutor asked Mr. Metcalf to make a plea offer and Mr. Metcalf’s response was that there will not be a plea to anything, a motion to dismiss the case came from the prosecutor not long after.