REQUIRED DISCLAIMER: CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE. CASE RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN ANY FUTURE CASE UNDERTAKEN BY A LAWYER.
CRIMINAL DEFENSE CASE RESULTS (see below for traffic/motor vehicle defense case results)
Charge/Background: Felony Carnal Knowledge (statutory rape/consensual sex with an underage female). The complaining witness claimed that five years prior, the client had sexual relations with her.
Result: Case proceeded to a jury trial and after a very contested and hard fought multi-day trial, the jury found the client not guilty.
Charge/Background: Client was indicted on 11 counts of felony embezzlement and it was alleged that over $122,000 was misappropriated.
Result: Judge was convinced during sentencing not only to not jail the client, but to continue all 11 cases for two years and then dismiss all charges.
Charge/Background: Embezzlement.
Result: Detective and prosecutor agreed to drop charge and not pursue additional charges based upon legal arguments presented at preliminary hearing.
Charge/Background: Client was charged with 2 counts of embezzlement. When a deal could not be reached at preliminary hearing, the government indicted two additional counts of embezzlement and threatened to bring additional counts.
Result: A deal was reached on the even fo trial where the client would enter a plea to one count and have the opportunity to argue for an SIS disposition where the charge would eventually be dismissed. The case proceeded to hearing and the client was granted an SIS for one of the first times in the recent history of the county at issue (a transcript of the hearing is forthcoming).
Charge/Background: Client, who was a local bartender, was charged with three felony arson charges and three misdemeanor charges for performing a "fire breathing" bar act.
Result: All felony charges were dropped. The misdemeanor charges were later dismissed after a civil agreement was reached whereby the client agreed to cease and desist performing the act.
Charge/Background: Two counts of felony Taking Indecent Liberties and one count of Contributing to the Delinquency of a Minor.
Result: Both felony charges were dropped and an agreement was reached on the misdemeanor where client was not required to serve any additional jail time beyond what was served prior to posting bond.
Charge/Background: Client was charged with several counts of altering bank/financial reocrds (embezzlement). The alleged theft was approximately $170,000. Client had a prior conviction for embezzlement.
Result: Based upon issues raised by the defense at preliminary hearing, an agreement with the prosecutor to drop several of the charges was reached and a further agreement of no active incarceration the remainaing charges was secureed.
Charge/Background: Malicious Wounding. It was alleged that a dispute between husband and wife turned violent and resulted in one spouse stabbing the other with a knife. The case was charged as felony (class 3) malicious wounding.
Result: Case dismissed at preliminary hearing.
Result: After reaching an accord and satisfaction with the victim, an agreement to dismiss the criminal charges was reached with the prosecutor based upon factual information discovered during the defense investigation.
Charge/Background: Client was charged with felony possession with intent to distribute (PWID) illegal drugs.
Result: Case dismissed at preliminary hearing. Charge/Background: Client was charged with four counts of Contributing to the Delinquency of a Minor.
Result: Case dismissed on date of trial.
Charge/Background: Embezzlement. Client retained our services very early in the process and we were able to get the felony embezzlement warrant dismissed (nolle prosed) before it was ever served on the client.
Result: Case dismissed
Charge/Background: Client was involved in a very serious felony Hit and Run offense where several cars were involved and multiple people were injured and transported to the hospital.
Result: Case resolved at preliminary hearing as a misdemeanor with no active jail time and no license suspension.
Charge/Background: Client was charged with seven counts of felony forgery, each of which was punishable by up to 10 years in prison (70 years maximum possible imprisonment).
Result: The seven felony forgery charges reduced to two misdemeanors at preliminary hearing and the client did not have to serve any active jail time.
Charge/Background: Felony abduction and assault
Result: Case dismissed at preliminary hearing.
Charge/Background: Client was charged with 6 counts of presription drug fraud.
Result: An agreement with the prosecutor was reached whereby several of the charges were dropped and the remaining charges would be reduced to misdemeanors after a period of time and that there would be no active jail time.
Charge/Background: Three felony Burglary/Breaking & Entering charges, 6 felony Destruction of Property charges, and one felony Drug Possession charge.
Result: The case proceeded to trial and client was acquitted (found not guilty) of all felony charges and found guilty of only one misdemeanor. No active jail sentence was imposed despite the fact that active incarceration was sought by the government. Additionally, the restitution amount due was reduced from over $40,000 to under $3,000 as a result of the trial.
Charge/Background: Threat to bomb, felony destruction of property, trespassing.
Result: The Destruction of Property and Trespassing charges were dismissed. An agreement was reached where the Threat to Bomb charge will be reduced to a misdemeanor after two years of probation (which will then be expunged by operation of law under the circumstances of this case).
Charge/Background: Obstruction of Justice
Result: Case proceeded to trial and was dismissed during trial based upon legal arguments we were able to research and present to the judge. However, we did so only after the trial had started so that the state could not recharge the client.
Charge/Background: Two counts of Attempted Carjacking
Result: Case proceeded to preliminary hearing. After cross-examination, and legal and factual arguments we presented (based upon the investigation we performed) the judge dismissed both counts of attempted carjacking.
Charge/Background: Felony Possession with Intent to Distribute Marijuana
Result: Reduced to misdemeanor Possession of Marijuana with no incarceration and no probation.
Charge/Background: Three counts of felony Eluding. Client was involved in a high speed felony chase that proceeded through three separate counties at speeds in excess of 150 miles per hour. This resulted in felony charges of Eluding, Reckless Driving, and Driving on a Suspended License in each of the three counties.
Result: All charges were dismissed in one county while the second county reduced their charges to one misdemeanor with no active jail time. In the remaining county, we were able to convince the judge to limit active jail time to a little over three months despite the fact that the sentencing guidelines called for at least 14 months active incarceration.
Charge/Background: Client was charged with several counts of Distribution of a Schedule I Drug and was looking at significant incarceration.
Result: An offer of simple possession was secured at preliminary hearing.
Charge/Background: Client was charged with felony embezzlement. From the facts, Client could have been charged with several additional counts of felony embezzlement.
Result: Exisiting count was redcued to misdemeanor trespassing with a fine and there was an agreement that the Commonwealth would not pursue the additional uncharged counts of felony embezzlement.
Charge/Background: Client was charged with felony Failure to Return Rental Property.
Result: After an unsuccessful attempt to resolve the matter with the prosecutor, the case proceeded to preliminary hearing and through cross-examination, we able to convince the judge to dismiss the case.
Charge/Background: Two felony Concealment of Merchandise charges and four charges of Petit Larceny
Result: Two felony charges and 3 misdemeanor charges were dismissed and the court continued the last misdemeanor charge to be dismissed after a period of 6 months.
Charge/Background: Two felony counts of Procuring Prescription Drugs by Fraud.
Result: One misdemeanor with no active incarceration and probation was limited to six months.
Charge/Background: Possession of Alcohol.
Result: Agreement to dismiss the charge after a period of 6 months.
Charge/Background: Trespassing
Result: Dismissed.
Charge/Background: Client was charged with two counts of domestic assault & battery.
Result: Charges dismissed.
Charge/Background: Client was charged with one count of embezzlement.
Result: Charge dismissed.
Charge/Background: Client was charged with one count of possession with intent to distribute prescription drugs and one count of transporting drugs into to the Commonwealth with intent to distribute.
Result: Charges dismissed.
TRAFFIC/MOTOR VEHICLE DEFENSE CASE RESULTS (note: the following cases are just a small sample of the cases Manikas Law LLC has handled)
Charge/Background: Client was involved in a very serious felony Hit and Run offense where several cars were involved and multiple people were injured and transported to the hospital.
Result: Case resolved at preliminary hearing as a misdemeanor with no active jail time and no license suspension.
Charge/Background: Three Counts of felony Eluding. Client was involved in a high speed felony chase that proceeded through three separate counties at speeds in excess of 150 miles per hour. This resulted in felony charges of Eluding, Reckless Driving, and Driving on a Suspended License in each of the three counties.
Result: All charges were dismissed in one county while the second county reduced their charges to one misdemeanor with no active jail time. In the remaining county, we were able to convince the judge to limit active jail time to a little over three months despite the fact that the sentencing guidelines called for at least 14 months active incarceration.
Charge/Background: DWI
Result: Case dismissed.
Charge/Background: Reckless Driving (46.2-862)
Result: Charge reduced to no-point infraction based upon problems with officer's calibration.
Charge/Background: Reckless Driving, 88 in a 55 MPH zone
Result: Reduced to traffic infraction (74/55).
Charge/Background: Reckless Driving, 90 in a 65 MPH Zone
Result: Reduced to a traffic infraction (74/55) based upon issues we uncovered with the case.
Charge/Background: Aggressive Driving
Result: Reduced to traffic infraction (Improper Driving).
Charge/Background: Driving on a Suspended License & Failure to Obey a Highway Sign
Result: The Driving on a Suspended License was dismissed and we were able to secure a no-point infraction on the Failure to Obey a Highway Sign.
Charge/Background: Reckless Driving, 87 in a 55 MPH zone
Result: Reduced to traffic infraction (74/55).
Charge/Background: DWI, BAC .17 (elevated BAC requiring mandatory active jail time, interlock device, and license suspension)
Result: Reduced to DWI without an elevated BAC, no interlock, no active jail time, and a restricted license effective immediately.
Charge/Background: DWI involving prescription drugs and alcohol.
Result: Case dismissed.
Charge/Background: DWI Second Offense with 5 years and Refusal.
Result: Reduced to DWI First Offense with a weekend in jail (client was facing a mandatory 20 days in jail just on the DWI).
Charge/Background: DWI (involving drugs) and Possession of Marijuana.
Result: DWI dismissed based upon client's plea to the possession charge.
Charge/Background: DWI (involving drugs) and Possession of Marijuana.
Result: Both charges dismissed with prejudice.
Charge/Background: DWI & Refusal
Result: Both charges dismissed
Charge/Background: DWI & Refusal
Result: Both charges dismissed
Charge/Background: Reckelss Driving (80/55)
Result: Redcued to traffic infraction (failure to obey a highway sign)
Charge/Background: Reckless Driving based on an accident
Result: Reduced to a no-point county code ordinance.
REQUIRED DISCLAIMER: CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE. CASE RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN ANY FUTURE CASE UNDERTAKEN BY A LAWYER.
