Tag Archives: Dismissals

Dougherty county case involving Murder was dismissed after we filed a Constitutional Demand for Speedy Trial

The Defendant was accused and arrested for murder. The only evidence against the Defendant was a witness that claimed the Defendant was involved. We talked with that witness and obtained a written statement from him that he made up the accusation in an attempt to get a better outcome in a pending case against him. When we took that statement to the DA, he refused to dismiss the charges. We filed a Constitutional Demand for Speedy trial and then set several hearings to document that the state had no other evidence except the witness. After a sufficient time had passed without the state indicting the Defendant, we filed a Motion to Dismiss based on the demand for a speedy trial. When we appeared for the hearing, the state dismissed the charges!

Early county case involving Armed Robbery was dismissed after we got the case transferred to juvenile court

The Defendant was accused and arrested for robbing a drug dealer at gun point. The Defendant was only 15 years old, but was facing Life in Prison on the Armed Robbery charge. Due to his age and lack of prior criminal history, we filed a Motion to Transfer the Case to Juvenile Court. After the judge granted the motion, the felony case was dismissed. The Defendant is no longer facing Life in Prison!

A Brooks county case involving Criminal Trespass was dismissed after we showed the facts were not favorable to the state

The Defendant was arrested for damaging the car of her boyfriend. While the Defendant did cause the damage, it was done after she returned home to find her boyfriend in her bed with another woman. After we showed the state that the home was owned by the Defendant and the boyfriend was merely staying there and that he had been caught with another woman, the state agreed to dismiss the charges.

A Dougherty county case involving Armed Robbery was dismissed after we obtained proof the Defendant did not commit the crime

After an armed robbery was committed in which the victim was murdered, the police went to talk to someone in the jail that they believed had information about the case. After giving him the impression that if he gave them some names, they would let him go home, he gave them the Defendant’s name. The police then arrested the Defendant. When we talked with the accuser, we discovered that he only gave them the Defendant’s name because he did not like the Defendant and thought by giving the police the Defendant’s name, he would get a free pass home. When he did not get to go home, he was willing to tell the truth about making up the name. After we got a sworn affidavit to all of this, we set a hearing to put it in front of the judge. When it came out that the original story that the Defendant was involved was a lie, the DA dismissed the case.

A Dougherty county case involving Battery was dismissed after the alleged victim refused to testify

The Defendant and his girlfriend got into an argument which became physical. She called the police and said he attacked her. When the police arrived they decided to believe her, even though both said the other was the aggressor. Our investigation revealed that the evidence was more supportive of the Defendant’s version than her version and prepared the case for trial. The victim decided she did not want to be crossed examined by us on the stand and refused to cooperate further with the state. Without any witness willing to testify against the Defendant, the state dismissed the case.

A Dougherty county case involving Obstruction was dismissed after we began investigating the case

The police were called to investigate possible marijuana use in a college dorm. The police knocked on the door and a male answered the door. The police could smell the odor of marijuana and the male admitted he was smoking and gave consent to search his room. The police noticed the bathroom door was closed and knocked on the door demanding the individuals inside come out. The Defendant refused at first to come out and so the police arrested her for obstruction. Since you have no duty to open the door for a warrantless search, we felt confident we would win at trial. After we contacted the police and let them know we were on the case, they took no further action in the case. After two years elapsed, the statute of limitations ran and the case is precluded from being prosecuted further.