Client charged with breaking into the home of his wife’s boyfriend and stabbing both of them, multiple times, causing the death of the boyfriend and serious bodily injury to his wife. Client faced punishment of Life in prison, if convicted. After a lengthy jury trial, which included testimony from the wife, numerous expert and lay witnesses, and scores of exhibits, the jury returned a verdict of not guilty.
Aggravated Sexual Assault
Client charged with sexually assaulting his teenaged stepdaughter. Client faced up to Life, in prison, if convicted. Client maintained his innocence and the case was tried to a jury. Stepdaughter gave emotional, detailed and dramatic testimony at trial. Jury returned a verdict of not guilty.
Indecency With A Child
Client charged with Indecency With a Child. Because client had been to prison, previously, client faced up to Life in prison, if convicted. The Complainant was the stepdaughter of the client. The case was set for trial and, while investigating the alleged “outcry” of abuse claimed by the stepdaughter, the Del Prados found evidence that the stepdaughter was being coached, by her biological father, to make the false allegations against the client. This information was presented to the prosecutors, who had not uncovered this evidence, before. Once the prosecution confirmed the truth of the defense findings, the case against the client was dismissed.
Indecency With A Child
A police officer was accused of sexually molesting a young girl, found not guilty.
DWI: Driving While Intoxicated With A Child Passenger
Client was charged with DWI with a child passenger under 15 years of age, a state jail felony. Client faced up to 2 years in a state jail facility, if convicted. Client was pulled over for failing to dim his high beam headlights as he drove toward a police cruiser, late at night. Client’s blood draw results were .17, over twice the legal limit. After a vigorous cross-examination by the defense in a pre-trial hearing, a judge found that the police officer’s alleged reasons for stopping the client were not credible. After the hearing, the prosecution decided that the case should be dismissed.
Injury To A Child
Client was charged with injury to a child causing serious bodily injury, a first-degree felony punishable by up to Life, in prison, if convicted. Client’s girlfriend’s son was severely burned by scalding water while in the care of client. The prosecution alleged that client had intentionally burned the little boy as punishment for soiling his pants. The month-long case against client included the testimony of six medical experts, numerous lay witnesses and the mother of the boy. The defense showed that client had a loving relationship with the boy and his mother and that he did not burn the boy, on purpose. The jury returned a verdict convicting the client of a lesser offense and the case was appealed. The 4th Court of Appeals rendered a decision ordering that the conviction be reversed and remanded.
Injury To A Child
Client was charged with injury to a child, a third-degree felony. Client faced up to 10 years in prison, and deportation, if convicted. The client’s son was suffering emotional and physical distress as a result of repeated bullying at his middle school. Client was frustrated that his son, who had martial arts training, did not defend himself. Client tried to get his son to “fake” fight with him, in an attempt to encourage him not to be victimized, but his son did not fight back. In the process, client’s son was bruised about his body. When client returned his son to his ex-wife, she noticed bruises on her son and called the police to press charges against her ex-husband. The case was tried to a jury. The defense brought an expert witness, a physician, who testified before the jury as to the age of the son’s bruises and the fact that some of the bruises were older and were not related to the “fake” fight that the son had with his father. The jury returned a verdict of not guilty.
Super Aggravated Sexual Assault
Client charged with the sexual assault of his young granddaughter. Client faced punishment of 25 years to Life, in prison, if convicted. The case was set for trial. After conducting a thorough and aggressive investigation into the circumstances surrounding the alleged “outcry” of the complainant, and before trial commenced, the Del Prados decided to share some of their findings with the prosecution, knowing that this information would undermine the prosecution’s confidence in their witnesses and in their case against Client. Shortly before trial was to begin, the Del Prados were notified that the case would be dismissed.
Possession Of A Prohibited Weapon – Prohibited Premises
Client was charged with possession of a prohibited weapon – prohibited premises, a third degree felony. Client faced up to 10 years in prison, if convicted. The client was a member of the military who was on a personal vacation, with her family. When she was found to have a firearm in her carry on baggage, she was arrested. Client maintained that the gun had been placed there, by another family member, and that she did not know it was in her backpack. The Del Prados produced evidence that the gun was registered to another member of client’s family who had forgotten that they had previously placed the gun in client’s backpack. After the prosecution considered the verified statements of the gun owner and several, fellow military co-workers who vouched for the credibility of client, the case against the client was dismissed.
Possession Of Marijuana
Client was charged with possession of marijuana, a Class B misdemeanor, punishable by 6 months in jail. This was client’s second charge, for the same offense, within a year. The Del Prados had gotten the first case dismissed based on issues related to the search and seizure of the marijuana. This time, the client and his friend were in his car when they were stopped for a traffic violation. During the stop, the police searched client’s vehicle and found marijuana in a black and red backpack. The client maintained that the black and red backpack was not his, but belonged to his friend, the passenger. The prosecutor saw the client’s previous arrest and did not believe his story. However, the Del Prados were able to find witnesses who confirmed that the client’s friend always carried a black and red backpack and were able to provide the prosecution with a Facebook profile photo of client’s friend showing him wearing the exact same black and red backpack that was photographed on the night of client’s arrest. The case was dismissed.
Possession Of A Controlled Substance
Client was charged with possession of cocaine. Client had previously been convicted of the same charge, but maintained that the cocaine was not his, this time. Because of previous, felony convictions, Client faced punishment of up to 20 years in prison, if convicted. The Del Prados were able to locate, interview and get statements from witnesses, who had not been identified or interviewed by Law Enforcement, whose testimony corroborated their client’s version of the events surrounding his arrest. After these witness statements were submitted to the prosecution and determined to be credible, the prosecutor advised that the case against the client would be dismissed.
Driving While Intoxicated
Client charged with driving while intoxicated (DWI), a Class B misdemeanor, punishable by 6 months in jail. Client left a bar late at night, after watching a football game with friends, and his pickup truck was stopped for driving 80 mph in a 60 mph zone. Client was unable to perform field sobriety tests to the satisfaction of the police officer and was arrested for DWI. Client’s case was investigated and then set for trial. Defense called client’s personal physician to the stand to attack the validity of the field sobriety tests and to explain client’s inability to perform those field sobriety tests. Verdict is not guilty.
Tampering With A Witness
Client was charged with tampering with a witness, a second-degree felony. Client faced up to 20 years in prison, if convicted. Prosecution alleged that client, who was a witness against a defendant in a criminal prosecution, had accepted money and other benefits from a family member of the defendant, in exchange for client’s promise not to testify truthfully against the defendant, at his trial. The Del Prados’ investigation revealed that the client suffered mental health issues and had been manipulated by the defendant’s family and the defendant when the client had agreed to the arrangement. Medical and psychiatric records were provided to the prosecution which confirmed the issues surrounding the client’s mental health. The case was dismissed.
Assault – Family 2nd
Client was charged with assault – family 2nd, a third degree felony. Client faced up to 10 years in prison, if convicted. While on probation for assaulting his wife, client was arrested for assaulting her, again. Client maintained that he did not assault his wife, this time, and that she overreacted to an argument that they were having, when she called the police. The prosecution did not believe client’s story, based on his previous arrest for assaulting her, and moved to revoke his probation and prosecute him for the new offense. After an in-depth investigation of the client’s wife, the Del Prados were able to submit medical evidence, to the prosecutors, that supported client’s version of events and showed that his wife suffered from a debilitating case of Post-Traumatic Stress Disorder (PTSD), as a result of her service in the military. The client’s probation was reinstated and the felony assault charge was dismissed.