Mr. Beach’s client was accused of Rape 1, Sex Abuse 1, Felony Assault 4, and Strangulation. If convicted of all the charges, Mr. Beach’s client faced up to 40 years of prison (if he were to receive the maximum for each charge). The entire case was based upon the alleged victim’s statements. There was physical evidence proving that the two people had engaged in sex; but, for the Rape and Sex Abuse charges the question was whether it was consensual. Accordingly, Mr. Beach knew the trial would be all about credibility. The trial was ultimately decided by Mr. Beach’s pretrial investigation and the cross examination of the alleged victim using that investigation. By using the alleged victim’s text messages and her multiple statements to the police, Mr. Beach was able to prove that the alleged victim simply was not telling the truth. At the end of the trial, the judge said that the victim was not credible. Accordingly, Mr. Beach’s client was found Not Guilty of all charges.
Congratulations to Angus Dunlavey on another Jury Trial Win!
Mr. Dunlavey’s client was accused of Assault IV and Harassment. If convicted of both charges, Mr. Dunlavey’s client faced up to 1 ½ years of jail. Mr. Dunlavey’s client was accused by his father. Father claimed that Mr. Dunlavey’s client had thrown him to the ground causing an injury that hurt as a pain level of 9 out of 10. At trial, the father added that while he was on the ground Mr. Dunlavey’s client kicked him as well. During cross examination, all the allegations fell apart. The father testified that he had not been drinking alcohol at the event, but Mr. Dunlavey had the video from the time showing the father drinking. Also, despite supposedly having a pain level only one degree less than the worst pain imaginable, he declined any medical evaluation to find and treat injuries. As the cross examination continued, greater and greater details of the event changed and differed from what he said at the time of the event and from what could be proved from other evidence. Ultimately the Jury returned the verdict of Not Guilty on both charges.
Congratulations to Tyler Beach on a Court of Appeals Win!
Mr. Beach’s client was accused of Felony Driving Under the Influence. This carries a maximum possible five-year prison sentence. At trial, Mr. Beach argued that what his client did qualified as a misdemeanor – not a felony. A misdemeanor has a maximum potential sentence of 364 days. The judge disagreed and decided that the case was a felony. Mr. Beach then initiated an appeal to the Court of Appeals of the judge’s decision. At the Court of Appeals, the Attorney General’s office (they represent the government in appeals - the county District Attorney represents the government at the trial level) conceded that Mr. Beach had been correct. Accordingly, the Court of Appeals ordered the trial judge to reduce the charge to a misdemeanor.
Congratulations to Tyler Beach on another Jury Trial Win!
Mr. Beach’s client was accused of two counts of Criminal Mistreatment. Each of these charges carries a possible five years of prison; so, Mr. Beach’s client was facing a total worst-case scenario of ten years of prison if convicted of both counts. The case came from his 15-year-old daughter claiming that Mr. Beach’s client had hit her in the head with a wrench. At trial, Mr. Beach filled in the full set of facts for the jury. This included that the 15-year-old made this claim right after Mr. Beach’s client took away her phone once he found out that she had been exchanging ‘romantic’ messages with her 19-year-old boyfriend. Amongst those messages included a desire to leave the family home to move in with that 19-year-old. Additionally, Mr. Beach brought in medical testimony regarding how being hit with a wrench the way the 15-year-old claimed was inconsistent with the injuries s found on the 15-year-old (she didn’t even have a mark). Finally, there was another person in the home when this incident supposedly happened who testified that no such thing happened. Upon hearing the whole story, the jury returned the verdict of Not Guilty.
Congratulations to Tyler Beach on a Felony Assault Domestic Violence Victory.
Mr. Beach’s client was accused of Felony Assault IV in a domestic relationship. This carries a potential five-year prison sentence if convicted. Mr. Beach got the case dismissed. The key was that Mr. Beach obtained medical evidence that showed that the accuser was lying. Mr. Beach proved that the accuser faked bruising a week after reporting the supposed assault. It certainly helped that during the initial investigation by the police, the accuser refused to allow the police to look at the injuries that she claimed she had on her body. Of course, the following week she allowed the police to look at, and photograph, these ‘injuries.’ Mr. Beach’s medical expert, however, was able to convincingly explain that those injuries must have been caused after the supposed assault. Accordingly, the case was dismissed!
Congratulation to Gabriel Walsh on getting another case dismissed on the day of trial.
Mr. Walsh’s client was accused of Failure to Register as a Sex Offender. His client is required to report his address to the county sheriff every time he moves residences and annually within ten days of his birthday. The wrinkle is that Mr. Walsh’s client was homeless. The prosecutor’s perspective was that a state of homelessness (thus not having an address) isn’t relevant to the duty to report an address. Since the prosecutor was not amenable to a conversation on the topic before trial, Mr. Walsh went to trial.
The morning of trial, the prosecutor was open to discussing the case since it was time for him to prove the case to a jury. Upon hearing Mr. Walsh’s argument that being homeless means that a person does not have an address, the prosecutor agreed to dismiss the case.
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!
Congratulations to Gabriel Walsh on another Jury Trial Win!
Mr. Walsh’s client was accused of DUII, Resisting Arrest, Interference with a Peace Officer, and two counts of Assault of a Peace Officer. Through a long trial and much cross-examination to establish that the basis for the DUII investigation and arrest were not actually as initially reported, the Jury returned Not Guilty verdicts.
Congratulations to Angus Dunlavey for a Contested Restitution hearing challenge that none of us thought could be won – but he won!
Restitution is the basic criminal law proposition that if I commit a crime and because of my criminal act you lose money or value to property that you can ask the court to make me reimburse you for your loss. Unfortunately, this is something that we often must challenge because there are many people who will try to take advantage of this basic proposition to ask for far more money than they are entitled to receive. In Mr. Dunlavey’s case a plea agreement with the prosecutor had been reached that envisioned the payment of restitution for ‘dismissed’ charges. The claim for money that then arrived for the ‘dismissed’ charge far exceeded any reasonable expectation. So, Mr. Dunlavey challenged the claim. All the rest of us in the office expected the judge to rule that the terms of the plea agreement covered all such claims for restitution; so, the rest of us were pessimistic about our chances. Nevertheless, Mr. Dunlavey felt it was simply unjust and fought onward with his challenge. Mr. Dunlavey was right. Not only did he defeat the excessive amount of the claim, but he also defeated the entirety of the claim!
Congratulations to Kylie Cin on another Jury Trial Win!
Ms. Cin’s client was accused of Interference with Making a Report and Harassment. His potential jail time if convicted of both counts was 1 ½ years. The basic claim was that Ms. Cin’s client supposedly ‘slammed’ his girlfriend to the ground and then held her down by her neck. But the statements were riddled with inconsistencies. More importantly, Ms. Cin was able to prove that this ‘statement’ from the girlfriend didn’t originate with the girlfriend. Instead of the police asking her what happened, the police told her what they thought happened and kept asking her to confirm their story. After time, she eventually said ‘yes.’ The jury responded with ‘Not Guilty.’