Congratulations to Kylie Cin on another Jury Trial DUII Win (this was a drug DUII allegation)!

Ms. Cin’s client was accused of DUII.  The prosecutor argued that Ms. Cin’s client had been in an accident and had methamphetamine in his system.  The police testified that it was apparent from the way Ms. Cin’s client looked that he was under the influence of drugs.  But the evidence showed that the car was pulled over to the side of the road (not crashed), that the car was experiencing mechanical problems (which explained why Ms. Cin’s client had pulled to the side of the road), and most interestingly, the police didn’t take any photos of Ms. Cin’s client – even though his appearance was a significant factor in why they felt he was intoxicated.  The jury was not convinced and ruled that Ms. Cin’s client was Not Guilty! 

As a side note, Ms. Cin’s client came to trial dressed as if he was on his way to a Grateful Dead concert – or so some have described him.  He was even wearing a tie-dyed shirt.  That’s just the kind of guy he is.  As a recommendation, don’t do that. 

Congratulations to Kylie Cin on a Jury Trial DUII Win!

Ms. Cin’s client was accused of DUII.  The prosecutor’s evidence was that Ms. Cin’s client had a blood alcohol level of 0.78 and was clearly affected by the alcohol due to his slurred speech and poor performance on the field sobriety tests.  Unfortunately for the prosecutor’s case, the body cam video showed that Ms. Cin’s client was not slurring his speech and that he passed the field sobriety tests.  Once Ms. Cin showed all the body cam video to the jury - and reminded the prosecutor that 0.78 is less than 0.8 - the jury found Ms. Cin’s client Not Guilty.    

Congratulations to Angus Dunlavey on another Bench Trial Win - Obtaining a Not Guilty on 2 of 3 Charges and Substantially Less Jail Time!

Mr. Dunlavey’s client was accused of Animal Neglect 1 and two counts of Animal Neglect 2.  The potential jail time if convicted of all charges was 2 years (technically 1 year and 364 days).  The allegations were that Mr. Dunlavey’s client had failed to obtain veterinary care for a dog due to flees, a disease, and when the dog was beaten up by someone else.  The case came to the attention of law enforcement when Mr. Dunlavey’s client called animal control asking for help with finding resources to help care for her dog when the dog was beaten up by someone else.  The prosecutor wanted a plea to the greatest charge (Animal Neglect 1) and an agreement to 30 days of jail.  At trial, Mr. Dunlavey obtained a Not Guilty on the Animal Neglect 1 and on one of the lesser Animal Neglect 2 charges.  His client received 2 days of jail.  So, Mr. Dunlavey’s client was only convicted of one of the lesser charges and received substantially less jail time than the government wanted. 

Congratulations to Tyler Beach on another Acquittal!

Mr. Beach’s client was accused of Assault 3.  This carries up to 5 years of prison.  Essentially, Mr. Beach’s client was accused of participating in a brawl where one person on the other side was beaten up by a friend of Mr. Beach’s client.  The basis of the Assault 3 charge was the accusation that Mr. Beach’s client was helping to beat up that one person.  At trial, Mr. Beach proved that these were two groups fighting but that Mr. Beach’s client did not help beat up that one person (he was busy fighting someone else – the prosecutor didn’t file any charges regarding that person).  Accordingly, Mr. Beach’s client was found Not Guilty.

Congratulations to Gabe Walsh on another Jury Trial win – one where the alleged victim was held in contempt of court!

Mr. Walsh’s client was accused of Assault 4 and Harassment.  The maximum potential jail sentence if convicted of both charges was one day short of one and half years.  The entirety of the prosecutor’s evidence rested on the complaining alleged victim.  So, Mr. Walsh knew that cross-examination was the key to any potential victory.  Mr. Walsh also knew from his pre-trial investigation that the alleged victim was a bit ‘off.’  So, through tone and technique Mr. Walsh worked to ‘trigger the crazy.’  By the end, the judge held the alleged victim in contempt of court – a finding that meant she faced up to six months of jail herself – and the judge determined that there was no viable basis for the prosecutor’s case because the alleged victim was to unreliable.    

Honorable Mention to Kylie Cin on Getting Exactly What She Wanted at Trial!

Ms. Cin had a client with both felony and misdemeanor crimes alleged.  Ms. Cin made an offer to the prosecutor to resolve the case.  That offer was to dismiss the felony allegation and to have her client plead guilty to the misdemeanor crime.  The prosecutor rejected the offer and would only accept an offer that resulted in Ms. Cin’s client pleading guilty to a felony.  So, Ms. Cin took the case to trial.  At trial, Ms. Cin’s client was found Not Guilty of the felony and guilty of the misdemeanor.  So, the trial resulted in exactly the same outcome as Ms. Cin’s offer. 

Congratulations to Kylie Cin on another Jury Trial Win!

Ms. Cin’s client was accused of 14 crimes – Attempted Assault 2, two counts of Felony Assault 4, Coercion, three counts of Strangulation, five counts of Misdemeanor Assault 4, Unlawful Use of a GPS System, and Harassment (Class A).  In total, if convicted of everything, the maximum ‘indeterminate’ prison time was 47 years.  The entire case was based upon the claims of the alleged victim.  During cross examination, Ms. Cin systematically established that the alleged victim could not be trusted.  As an example, the alleged victim claimed that Ms. Cin’s client had taken her phone and trapped her in a room.  So, Ms. Cin used the alleged victim’s texts messages to Ms. Cin’s client talking about how she was out of the home – during a time that the alleged victim claimed to not have a phone and while supposedly trapped.  After proving that the claims were all lies, the Jury returned a Not Guilty on all charges!

Congratulations to Tyler Beach on a Burglary in the First-Degree Trial Win!

Mr. Beach’s client had committed some crimes.  That was not in dispute.  However, those crimes carry probation as the expected consequence for a conviction.  The prosecutor filed those charges against Mr. Beach’s client, but also filed a charge of Burglary 1.  This additional charge carried prison time if it resulted in a conviction.  Mr. Beach made a plea offer to the prosecutor that involved dismissing the Burglary and placing his client on probation.  The prosecutor insisted that Mr. Beach’s client be convicted of the Burglary and go to prison.  So, Mr. Beach went to trial.  The prosecutor argued at trial that Mr. Beach’s client committed Burglary by entering a property he should not have entered (trespass) while already holding stolen property – so, he committed the crime of Burglary (entering a place intending to steal) by entering while already having what he had already stolen.  Accordingly, the judge ruled that Mr. Beach was correct that no Burglary occurred – thus a Not Guilty ruling – and found him guilty of the crimes he had actually committed and placed Mr. Beach’s client on probation. 

Congratulations to Kylie Cin on an Unlawful Use of a Weapon, Assault 4, Attempted Assault 4, and Menacing Trial Win!

Ms. Cin’s client was accused of attacking a person just outside a store.  After allegedly tackling the person, Ms. Cin’s client was accused of then getting into his car and trying to run the car into that person.  At trial, Ms. Cin systematically challenged the accuracy of the witnesses’ observations.  Ms. Cin ultimately showed that what was alleged to have been seen, could not actually have been seen.  Through a careful evaluation of each piece of evidence, the allegations became unreliable.  Accordingly, a Not Guilty finding was made on all the charges.  As a side note, Ms. Cin’s client was a person who vocally expressed his dislike of many categories of people in our community – including categories to which Ms. Cin finds herself included.  Despite his fervent dislike of people like Ms. Cin and his wish to deprive them of their freedom, she fought to protect him and obtained his complete freedom. This is what criminal defense attorneys do; defend everyone’s freedom.

Congratulations to Angus Dunlavey on a DUII Jury Trial Win!

Mr. Dunlavey’s client was found by the police sleeping in the driver’s seat, obviously intoxicated, and parked on railroad tracks.  But, he wasn’t’ alone.  There was another person sleeping in the passenger seat.  When arrested, the police didn’t bother to see which of them had the keys.  Mr. Dunlavey’s client was adamant that he had not driven the car.  But, the police didn’t consider that to have been an option so they didn’t investigate that issue.  At trial, Mr. Dunlavey demonstrated how there was no evidence that his client had the keys or even that the keys were in the ignition.  Perhaps, the other person had the keys and had driven to that location.  The jury agreed that the issue should have been considered during the investigation and found Mr. Dunlavey’s client Not Guilt!