Results Part 2
Client was charged with three (3) counts of recklessly endangering another person, one count each of disorderly conduct and fleeing or attempting to elude a police officer as well as eleven (11) summary traffic counts. The allegations were that Client while driving a motor cycle violated the traffic laws, would not stop for police officers in pursuit and placed three (3) persons in danger of serious bodily injury. Farrell Weaver & Okun represented Client at trial.
ResultsAfter a trial, Client was found not guilty of all charges and was discharged.
Jury Finds Client Not Guilty of Aggravated Assault (DS00002178) Background
Client was charged with two (2) counts each of aggravated assault, simple assault, and harassment along with one (1) count of disorderly conduct. The Commonwealth alleged that while Client was a prisoner in a state prison, Client became angry, and began punching two (2) correctional officers causing injuries to them. Farrell Weaver & Okun represented Client at trial.
ResultsAfter a jury trial, Client was found not guilty of all crimes by the jury and not guilty of all summary offenses by the trial court. The charges were later expunged from Client’s criminal record.
Client Charged With Criminal Attempt Homicide Receives Summary Citation (RB00006277) Background
Client was charged with simple assault, aggravated assault, recklessly endangering another person, disorderly conduct, possession of instruments of crime, possession of sawed-off shotgun and criminal attempt (homicide). Farrell Weaver & Okun represented Client at the preliminary hearing and trial.
ResultsClient was found guilty of harassment (summary offense), while Client was found not guilty as to the remaining charges. The remaining charges have been expunged.
Client Found Not Guilty of Possession of a Firearm Without a License (DS00006282) Background
Client was charged with possession of a firearm without a license. A gun was found inside of a vehicle that Client was occupying. Client retained Farrell Weaver & Okun to represent him at trial.
ResultsClient was found not guilty of the charges and the charges have been expunged from his record.
Possession of Cocaine Charges Dismissed; Client Found Not Guilty of DUI (GK00003000) Background
Client was charged with possession of a controlled substance, two (2) counts of DUI and trespass by motor vehicle. The charges stemmed from Client driving in an area which was prohibited to traffic. Client met friends and were discussing the situation when the police arrived and searched Client’s friends. One of the friends possessed cocaine. When the police arrested the friend, Client attempted to steal the cocaine which was on the hood of the Client’s car. Because the police were busy, they chose to let Client go home. The police took Client’s friend to the police station. Later in time, Client arrived at the police station visibly intoxicated and asking about the welfare of his friend. The police asked Client where his vehicle was located and Client told them the car was in the police parking lot. Armed with this information, the police arrested Client and charged him with the above charges. Client refused to take an intoxilizer after he was told that he was required by law to do so. The police contacted Penn DOT whereby Penn DOT notified Client that he was going to lose his license for one (1) year additional to any other penalty. Client hired Farrell Weaver & Okun to handle all of his legal matters.
ResultsAt the preliminary hearing, Farrell Weaver & Okun got a dismissal of all charges except the DUI charges. Farrell Weaver & Okun represented Client at trial whereby the Client was found not guilty of DUI charges. Farrell Weaver & Okun filed an appeal to the Court of Common Pleas with respect to the license suspension. The trial court agreed with Farrell Weaver & Okun argument that the arrest by the police was improper and Client should not lose his license. While Client was initially looking at a total loss of license for twenty-four (24) months along with possible jail time and other penalties. Client was set free without any direct or collateral consequences. Client was extremely pleased.
Client Found Not Guilty of Burglary and Conspiracy (RW0006306) Background
Client along with another were charged with burglary, criminal conspiracy and receiving stolen property. The charges stemmed from an individual (“Victim”) reporting that someone had stolen articles from his house. Client sold the stolen items and was ultimately arrested for the charges. Client told the police that Victim’s relative (“Relative”) had sold Client the articles and he believed that they were not stolen. He further denied burglarizing the house. Relative testified that he saw Client and his Co-Defendant steal the articles because Relative helped them in burglarizing the house. Relative was never charged with any crime because Relative cooperated, Victim did not want Relative charged, and the police were convinced that Client masterminded the burglary coercing Relative. Farrell Weaver & Okun represented Client at trial.
ResultsClient (and his co-defendant) were found not guilty of all charges. Client’s charges have been expunged from his criminal record.
Client Found Not Guilty of Homicide (AN00008143) Background
Client’s friend (Co-Defendant 1) was beaten and robbed in a house during a drug deal. While Co-Defendant 1 went to the hospital, Client’s other friend (Co-Defendant 2) went to the house where the robbery occurred and shot up the house along with the cars parked in the driveway. They went home and found Co-Defendant 1 had been released from the hospital. Co-Defendant 1, Co-Defendant 2, and Client went back to the house. The front door was kicked in by Client. It was alleged that Client placed a barrel of a firearm in a female’s mouth. Co-Defendant 1 and Co-Defendant 2 went upstairs while Client remained on the first floor. Co-Defendant 1 shot three (3) people, killing one, and seriously injuring two. The three fled.
Client was charged with burglary, simple assault, criminal homicide, criminal conspiracy and two counts of aggravated assault. The maximum penalties that Client was facing were as follows: mandatory life imprisonment without the possibility of parole for first-degree murder, mandatory life imprisonment without the possibility of parole for second-degree murder (a killing by the defendant or a co-defendant that occurred during a felony such as burglary), 20 to 40 years for third-degree murder, 10 to 20 years for burglary, 10 to 20 years for conspiracy, 1 to 2 years for simple assault, and 10 to 20 years for each aggravated assault. Farrell Weaver & Okun represented Client at trial.
Results of First TrialClient and Co-Defendant 1 were tried together. Co-Defendant 2 along with numerous witnesses testified against Client and Co-Defendant 1. The jury found Client guilty of criminal trespass (felony of the third-degree) (lesser included offense of burglary) and not guilty of first-degree murder, second-degree murder, burglary, criminal conspiracy and two counts of aggravated assault. The jury could not reach a verdict as to third-degree murder.
Results of Second TrialA re-trial occurred only as to the third-degree murder charge. Farrell Weaver & Okun continued to represent Client. The jury found Client not guilty of third-degree murder. Client received a favorable sentence. Client was extremely pleased.
Possession of Heroin Withdrawn After Evidence Suppressed (EF00008167) Background
Client was charged with possession of a controlled substance, possession of drug paraphernalia, and general lighting requirements after being pulled over by a Pittsburgh Police Department Officer. The police stopped Client based upon the belief that Client’s back lights were not properly working. When the police approached Client, the police saw heroin in the car and arrested Client.
Client hired Farrell Weaver & Okun. Farrell Weaver & Okun, after reviewing the facts of Client’s case, decided to file a motion to suppress the traffic stop because it violated the Pennsylvania and United States Constitution. A hearing occurred.
ResultsThe Trial Court agreed with Farrell Weaver & Okun analysis of the traffic stop, that the stop lacked probable cause. The Court granted the motion to suppress the evidence obtained from the illegal stop. As a result of the suppression order, all of the charges were withdrawn. Farrell Weaver & Okun proceeded to expunge Client’s record of all the criminal charges.
Jury Finds Client Not Guilty of Criminal Attempt Homicide, and Aggravated Assault (TC00008250) Background
The allegations were that Client rented a car for a piece of crack cocaine and used the car to shoot the Victim. It was further alleged that Client shot the Victim a couple times. The Victim almost died but lived as a paraplegic for the rest of his life. Client was charged with criminal attempt homicide, aggravated assault, and carrying a firearm without a license. He was facing a maximum penalty of 23½ to 47 years of incarceration. At trial, the Commonwealth presented evidence that the Victim (who knew Client) identified Client from a photographic array, and the owner of the car testified that Client was the one in possession of the car during the shooting. Farrell Weaver & Okun represented Client. Farrell Weaver & Okun and Client proceeded to a jury trial.
ResultsFarrell Weaver & Okun argued that Client had an alibi and could not have committed the crimes. The jury returned a verdict of not guilty as to all counts.
Client Charged With Homicide Receives Five Year Jail Sentence (BL00009176) Background
The allegations were that Client along with others entered a house of a drug dealer and robbed him. During the course of the robbery, the Victim was killed by a co-defendant. Client was charged with criminal homicide, robbery, burglary, possession of a firearm, and criminal conspiracy. Client was facing a maximum sentence of life without the possibility of parole followed by 33½ to 67 years of incarceration. Farrell Weaver & Okun negotiated with the prosecutor and obtained the following plea agreement.
ResultsClient plead guilty to third-degree murder, robbery, burglary, possession of a firearm, and conspiracy. Pursuant to the agreement, Client received time served for five (5) years of incarceration followed by ten (10) years of probation. Client was released and was very pleased with the result.
Client Sentenced to Probation for Involuntary Manslaughter (KK00009196) Background
Client injected heroin into the Victim’s arm because the Victim wanted to get high. The Victim died of an overdose. The police contacted Client who confessed. Client hired Farrell Weaver & Okun to represent Client for trial. Client was charged with involuntary manslaughter, delivery of a controlled substance and delivery of a controlled substance resulting in a death. Farrell Weaver & Okun made contact with the District Attorney to discuss negotiating a guilty plea. After several discussions, Farrell Weaver & Okun and the District Attorney came to a favorable agreement.
ResultsClient accepted a guilty plea, where Client plead guilty to involuntary manslaughter and delivery of a controlled substance. The remaining count was withdrawn. Farrell Weaver & Okun presented argument to the judge at sentencing. Client received a sentence of time served for the pretrial incarceration for a few weeks at the jail and inpatient drug treatment program and an additional five (5) years of probation.
Possession With the Intent to Deliver Charges Dismissed (LP00009203) Background
Client was charged with possession of a controlled substance with the intent to deliver (2 counts), possession of a controlled substance (2 counts), possession of marijuana, and possession of drug paraphernalia. A large amount of heroin, some marijuana and drug paraphernalia were located inside the house that Client owned and lived in. Client hired Farrell Weaver & Okun to represent Client at the preliminary hearing and trial.
ResultsAt the preliminary hearing, Farrell Weaver & Okun obtained a dismissal of the possession of heroin and possession with the intent to deliver heroin charges. The other charges were held for court.
Farrell Weaver & Okun prepared to go to trial for Client’s remaining charges: possessing marijuana and possessing drug paraphernalia. After speaking with the prosecutor, the Commonwealth dismissed the remaining charges. All of the charges were expunged after Farrell Weaver & Okun filed a motion to do so.
Jury Finds Client Not Guilty of Rape of Child and Other Sex Offenses (DB00009210) Background
After several years of custody dispute, Client’s child, on the insistence of the child’s mother, reported that her father (Client) brutally raped her years before. Client hired Farrell Weaver & Okun to represent him for trial. Client was charged with rape of a child, incest, statutory sexual assault, endangering the welfare of children, and corruption of minors. Farrell Weaver & Okun proceeded to take Client’s case to a jury trial. At the jury trial, the Commonwealth presented the testimony of the Victim (the jury was told that the Victim’s testimony, alone, is sufficient to convict Client), an expert to explain the late reporting of the crime, Victim’s friend who said that Victim told her about the assault a few months after it occurred, and a police officer who had interviewed Client. The Client did not testify, but members of his family testified that when the Victim stayed at Client’s house, she did not make the screams that she said she did. There was also testimony from others that there was a custody dispute.
ResultsAfter a jury trial, the jury returned a verdict of not guilty at all counts. Farrell Weaver & Okun proceeded to expunge all of the charges from Client’s record. Client was extremely pleased with the disposition.
Client Facing Life Imprisonment Found Guilty of Voluntary Manslaughter (TT00010117) Background
Client stabbed the Victim in the chest on camera and fled. The Victim died as a result of the stab wounds. Client was charged with Criminal Homicide. Farrell Weaver & Okun represented Client at his jury trial.
ResultsFarrell Weaver & Okun argued that Client’s actions were a result of an imperfect self-defense (voluntary manslaughter) and was not murder. The jury agreed and returned a guilty verdict of Voluntary Manslaughter. Client received seven and one half (7½) to fifteen (15) years of incarceration. Client was pleased with the result.
DUI Charges Withdrawn After Evidence Suppressed (PC00010123) Background
Client while driving home after drinking was stopped for speeding. The police conducted field sobriety tests and concluded Client was intoxicated. Client’s blood alcohol Results were over .20%. Client was inevitably charged with DUI (2 counts) and speeding. Farrell Weaver & Okun were retained to represent Client for his trial. Farrell Weaver & Okun filed pre-trial motions to suppress evidence based upon the argument that the police did not have probable cause to stop Client’s vehicle. The argument was that the officer was improperly using the speed-timing device and the officer had no probable cause to believe Client was speeding.
ResultsThe Court agreed with Farrell & Associate’s argument and granted the motion to suppress the evidence. Once the evidence was suppressed, the Commonwealth was forced to withdraw the charges. Client was very pleased with the Results.
Client Found Not Guilty of Criminal Mischief and Criminal Trespass (JW00007133) Background
Client was charged with criminal mischief and criminal trespass. Client hired Farrell Weaver & Okun. Client went to trial.
ResultsFarrell Weaver & Okun obtained a not guilty verdict on all counts. The charges have been expunged from Client’s criminal record.
Robbery, Possession of Firearm by Minor, and Conspiracy Charges Dismissed (ES00007107) Background
Client, at age 17, was charged as an adult with robbery, robbery of a motor vehicle, possession of a firearm by a minor, criminal conspiracy to commit robbery, and possession of marijuana. The facts were that the Victim was robbed at gunpoint by a group of individuals. The victim’s money, car and other property was stolen by the robbers. Less than two (2) hours later, after a high-speed chase, the police stopped the stolen vehicle that was occupied by three (3) individuals including Client. An assault rifle was found in the front of the car and Client, who was in the backseat, was found to have marijuana in his possession. Farrell Weaver & Okun represented Client at a preliminary hearing. Thereafter, Farrell Weaver & Okun requested that Client’s case be transferred to the Juvenile Division and that the charges of robbery, robbery of motor vehicle and criminal conspiracy be dismissed because the Victim could not identify Client as one of the robbers.
ResultsThe charges of robbery, robbery of a motor vehicle, possession of a firearm by a minor, and criminal conspiracy to commit robbery were dismissed by the Court. The charge of possession of marijuana (small amount) was transferred to juvenile court where the charge was eventually resolved and expunged from Client’s juvenile record. As to Client’s adult record, all of the charges have been expunged.
PCRA Petition Granted and Client Receieved New Sentence (WP000136) Background
Client received a sentence for possession of marijuana with intent to deliver. Farrell Weaver & Okun was retained to represent Client. Farrell Weaver & Okun filed a post-conviction petition and argued that the sentence was illegal.
ResultsThe post-conviction court agreed and reduced Client’s sentence. Client was satisfied.
Client Avoids Sentence of Life Imprisonment (CL000010157) Background
Client and Co-Defendant planned to commit a robbery of a drug dealer at the drug dealer’s home. Client and Co-Defendant went to drug dealer’s house to find that the Victim (mother of the drug dealer) was home but the drug dealer was not home. Client and Co-Defendant robbed Victim of various items inside the home. When Client was leaving the house, Co-Defendant shot the Victim in the back multiple times resulting in her death. The police were called and both defendants were captured with the stolen property and the guns used in the robbery. The Co-Defendant denied responsibility. Client gave a full confession to the police outlining how the crime occurred.
Client was charged with criminal homicide, robbery, burglary, possession of a firearm without a license, and criminal conspiracy. Farrell Weaver & Okun were privately retained after several attorneys refused to take the case because the Commonwealth would not negotiate a plea deal.
Farrell Weaver & Okun attempted to negotiate with the Office of the District Attorney. The District Attorney’s Office said it would accept a plea by Client to second-degree murder (for criminal homicide) and all other charges. Client would receive a sentence of life without the possibility of parole for second-degree murder and was facing an additional 33½ to 77 years of imprisonment for the remaining charges. Client, on advice from Farrell Weaver & Okun, chose to go to trial.
ResultsAfter a trial, Client was found guilty of third-degree murder, robbery, burglary, possession of a firearm and criminal conspiracy. Farrell Weaver & Okun advocated for a favorable sentence at all counts. Client was sentenced to ten (10) to twenty (25) years of incarceration for third-degree murder followed by ten (10) years of probation for criminal conspiracy. Client also received concurrent sentences (running together to the third-degree murder sentence) as to the other remaining charges.
Client Avoids Sentence of Life Imprisonment (LD00010222) Background
Client, at age 17, and Co-Defendant planned to rob a pizza delivery driver of money. When the driver was called to a phony address, Co-Defendant and Client appeared. Co-Defendant shot the driver with a sawed-off shot gun killing the victim. The driver was robbed of pizza and a few dollars.
Client was charged with criminal homicide, criminal conspiracy and robbery. Client was facing life imprisonment for his role in the robbery. Farrell Weaver & Okun represented Client. Farrell Weaver & Okun and the District Attorney’s Office negotiated a guilty plea for Client whereby Client would plead guilty to third-degree murder, robbery and criminal conspiracy.
ResultsClient accepted the guilty plea, where he plead guilty to criminal conspiracy, robbery and third-degree murder. He was sentenced to ten (10) to twenty-five (25) years of incarceration. Given the circumstances of Client’s case, Client was very pleased with the result.
Fleeing and Eluding Charge Dismissed (LL00007309) Background
The police accused Client of speeding and chased Client for several miles before Client stopped the vehicle. Client was charged with fleeing and eluding police and speeding. Farrell Weaver & Okun was hired to represent Client. Farrell Weaver & Okun filed pre-trial motions to suppress the evidence flowing from the illegal traffic stop. Farrell Weaver & Okun negotiated with the Commonwealth to obtain a favorable plea bargain.
ResultsThe District Attorney withdrew the fleeing and eluding charge. Client pleaded guilty to summary disorderly conduct and speeding. Client’s entire record was eventually expunged.
Client Found Not Guilty of Arson and Risking Catastrophe (DB00008137) Background
Client was charged with arson and risking catastrophe after Client was accused of torching a neighbor’s car after a dispute. Farrell Weaver & Okun was retained for trial.
ResultsAfter a trial, Client was found not guilty as to both counts.
Kidnapping, Robbery, and Sex Offenses Dismissed (KC00011238) Background
Client was charged with kidnapping, robbery, robbery of a motor vehicle, aggravated assault, involuntary deviate sexual intercourse, sexual assault, terroristic threats, unlawful restraint, false imprisonment, indecent assault, indecent exposure, simple assault, and conspiracy to commit robbery.
The facts were that a female taxi driver stopped at a gas station where she met two (2) young men who needed a ride. When they got near the destination, one of the men produced a firearm and demanded money. Thereafter, it was alleged that Client brutally forced the victim to perform sexual acts upon Client. The victim was stripped of all of her clothes and thrown out of the vehicle. The two men stole the car and left the scene. The victim eventually found help and called the police.
After about 40 minutes from when the two men fled the scene, a police officer spotted the stolen car and gave chase. The stolen car initially was driving down a main thoroughfare but turned onto a neighborhood street where the car traveled at an extremely high and dangerous speed. The police continued to follow the stolen car. The car crashed through a fence and attempted to travel up a hillside, which was someone’s backyard. Eventually, the occupants ran from the police up toward the main thoroughfare.
The police were some distance behind the occupants of the car but drove to the spot on the main thoroughfare where the occupants were last seen running. The police saw Client who was in the area. The police stopped Client and brought the victim to the area where she positively identified Client as one of the robbers and the one who forced her to perform sexual acts. Client was arrested. Client had been on parole for a conviction of robbery.
Client said that he was coming from a friend’s house, where he had been all night. He said that he was walking while listening to music through his phone and earbuds. He said that he heard sirens, stopped, took out his earbuds and saw two (2) young men running from below the hill (where the stolen car had stopped). He said the next thing that he knew was that he was being forced at gunpoint by the police to get on the ground. Then he was arrested.
The Co-Defendant was later arrested and identified by the video from the camera at the gas station.
Farrell Weaver & Okun did an extensive investigation which showed among other things: 1) the video of the second person in the gas station with the Co-Defendant was not Client and much younger than Client, 2) there were age differences between Client and Co-Defendant, 3) there were no ties between Client and Co-Defendant, 4) Client had an alibi witness who placed Client’s location miles away from the crime scene at the time that the crimes occurred, and 5) other relevant matters which showed Client was innocent.
Farrell Weaver & Okun represented Client for his jury trial. After reviewing the case, Farrell Weaver & Okun had several discussions with the District Attorney regarding major problems with the case and the fact that Client was innocent.
Persuaded by Farrell Weaver & Okun arguments, the Commonwealth looked to juvenile probation officers that knew the Co-Defendant and asked these juvenile probation officers to review the videotape. One officer actually identified the other person in the videotape at the gas station who was with Co-Defendant. This person was a friend of Co-Defendant and obviously not Client.
The victim had identified Client as her attacker two (2) times: 1) on the night that the crimes occurred and 2) at the preliminary hearing. After the Commonwealth informed the victim that it appeared that her identification may have been wrong, the victim agreed that she may have been mistaken.
ResultsThe District Attorney concurred with Farrell Weaver & Okun’ assessment of the case that Client was innocent and dismissed the charges against Client. All charges were removed from Client’s record. Client was extremely pleased with the result.
Aggravated Assault Charges Dismissed (KZ00012134) Background
Client was charged with aggravated assault, aggravated assault with a deadly weapon (2 counts), and possession of a prohibited offensive weapon. After an evening at a local establishment, a fight occurred whereby Client was attacked by numerous individuals. While on the ground where Client was kicked and beaten, Client stabbed one attacker and possibly stabbed a second individual. It was alleged that Co-Defendant fought with other individuals and stabbed the person previously described as second individual. Farrell Weaver & Okun was hired to represent Client. After review, Farrell Weaver & Okun discussed with the District Attorney about the circumstances behind the charges and explained how there were problems in proving their case.
ResultsThe District Attorney agreed with Farrell Weaver & Okun and dismissed all charges against Client and Co-Defendant. Client was very pleased with the result.
Client Found Not Guilty of Aggravated Assault (RK00012163) Background
Client was charged with aggravated assault, simple assault, and disorderly conduct. Client hired Farrell Weaver & Okun to represent him for his trial.
ResultsFarrell Weaver & Okun zealously advocated and represented Client. At the end of the trial, a verdict of not guilty as to all counts was entered. Farrell Weaver & Okun expunged Client’s record. Client was happy with the result.
Charge of Possession With Intent to Deliver Plead Down to Summary Citation (TC00012190) Background
Client was charged with possession with intent to deliver. Farrell Weaver & Okun was hired to represent Client for his trial. After several discussions and negotiations with the District Attorney, the District Attorney and Farrell Weaver & Okun agreed to a guilty plea for Client.
ResultsClient accepted the negotiated guilty plea, where Client plead guilty to a summary offense of disorderly conduct with no further penalty. Client was more than pleased with the result.
Client Found Not Guilty of Homicide (DT00012200) Background
Client and Co-Defendant were confronted by the victim outside of a store. Client and the victim began fighting. Co-Defendant obtained Client’s firearm which had been stored under the driver’s seat of Client’s car. Co-Defendant came out of the car and shot the victim resulting in the victim’s immediate death. It was alleged that Client encouraged Co-Defendant by telling him to kill the victim.
Client was charged with criminal homicide, criminal solicitation and criminal conspiracy. Client hired Farrell Weaver & Okun for his jury trial. Farrell Weaver & Okun presented character witnesses to show that Client had a good reputation in the community for non-violence and law abidingness. Farrell & Associations also called eye witnesses that testified that Client did not say anything to encourage Co-Defendant to shoot the victim and other evidence. The Commonwealth witnesses were also extensively cross-examined.
ResultsClient was found not guilty of all charges. Client was extremely pleased with the result.
Juvenile Charged With Robbery and Conspiracy Receives Consent Decree (BM00011203) Background
Client was charged as an adult with two (2) counts of robbery and one (1) count of criminal conspiracy to commit robbery. The facts of the case were that Client robbed two (2) victims at gunpoint at the same time while Co-Defendant assisted. Co-Defendant and Client were caught by the police shortly afterward.
Farrell Weaver & Okun filed a motion to transfer Client’s case to juvenile court based upon Client’s lack of record and amenability for rehabilitation. After a hearing, Client’s case was transferred to juvenile court. (Co-Defendant’s case was not transferred and Co-Defendant was convicted of felonies and sentenced to jail.)
Farrell Weaver & Okun had numerous discussions with the Office of the District Attorney, which resulted in the District Attorney’s Office to offer a Consent Decree for Client.
ResultsClient accepted the Consent Decree. Client was placed on probation and after the completion of his probation, his charges were dismissed and expunged from his criminal and juvenile record.
Client Found Not Guilty of Luring, Corruption of Minors, and Stalking (DA00012246) Background
Client was charged with luring child into a motor vehicle, corruption of minors, stalking, and harassment. Farrell Weaver & Okun was hired to represented Client.
A young child victim was walking on a sidewalk when a car approached. The driver of the car asked the victim to get in. The victim said no, and after the driver insisted, the victim told the driver that the police would be called. The car drove away. The victim called the police and reported the incident. A description of the driver and of the car was given to the police.
The next day, the victim and the victim’s mother were driving in the area when the victim said that she saw the guy that tried to lure the victim into the car. The victim and the victim’s mother followed Client’s car to Client’s work where the victim identified Client. The police arrived and obtained the vehicle information.
The investigating officer showed a picture of Client to victim who identified Client as the person that the victim and victim’s mother saw the day after the crime. The investigating officer wrote an affidavit of probable cause, leaving out extremely important information about the description of the suspect, which was not similar to Client, and the description of the car, which was not similar to Client’s car.
Farrell Weaver & Okun were hired to represent Client. At the preliminary hearing, counsel told the officer that Client had an alibi and was actually in another county at the time of the crime. The officer said he did not care to hear any of this because he got the right man. The victim testified that the description of the car of the suspect was identical to Client’s car. All charges except stalking were held for court.
Prior to trial, Farrell Weaver & Okun continued to request copies of the initial reports and all police reports but were told that the investigating officer hadn’t turned them over to the District Attorney. Farrell Weaver & Okun subpoenaed all of the reports in the matter.
Minutes before the trial, the police reports were given to Farrell Weaver & Okun and the District Attorney’s Office. The police reports showed that there were major discrepancies in the initial description of the suspect and Client and the suspect’s car and Client’s car (number of doors, stickers and dents on car, plate numbers were different.)
Farrell Weaver & Okun represented Client at trial. All of the discrepancies of the victim’s testimony concerning the description of the suspect and suspect’s car versus Client and Client’s car were highlighted. Testimony and evidence from the defense showed that at the time of the crime, Client was 50 plus miles away in another county. This evidence included: testimony from Client, testimony from several people who saw Client’s car and Client, phone records that Client’s phone, which he used to communicate to others, was located in the other county.
ResultsFarrell Weaver & Okun successfully got a not guilty verdict for all counts against Client. Farrell Weaver & Okun expunged Client’s record of all the charges. Client was extremely pleased with the result. NOTE: Client hired a civil attorney who sued the investigating officer and received a large amount of money for damages because the officer hid information in the affidavit of probable cause.
Robbery Charge Gets Withdrawn (GP00012198) Background
Client was charged with robbery. Farrell Weaver & Okun was hired to represent Client for his jury trial. Farrell Weaver & Okun negotiated with the District Attorney on several occasions to work Client’s case out. The District Attorney and Farrell Weaver & Okun were able to come to a negotiated guilty plea.
ResultsClient accepted the negotiated guilty plea, where Client pleaded guilty to a summary offense disorderly conduct and was sentenced to ninety (90) days probation. The charge of robbery was withdrawn. Client was very pleased with this result.
Juvenile Charged With Criminal Attempt Homicide Receives Favorable Sentence (MD00012254) Background
Client was charged as an adult with criminal attempt homicide, aggravated assault, tampering with physical evidence, and possession of a firearm by a minor. The facts of the allegation were that the victim and another individual were driving when Client shot at the victim’s car and struck him causing serious bodily injury. The victim drove to an area when the passenger fled the scene. The victim said that the did not know who shot him. DetectiveS investigated the incident.
Client explained that he was told by the victim that on that particular day it would be the last day Client would be alive, Client chose to take his relative’s gun to school. He hid the gun outside until the end of the school day. When he walked home, the victim and the victim’s passenger looked at him and circled the block. Client thought that he was going to be killed so Client pulled out the gun and shot the victim. Client went home and told his mother who called the police and told them. That is how Client got caught.
Farrell Weaver & Okun represented Client. Farrell Weaver & Okun filed a motion to transfer the case to juvenile court. Although Client was close to age 18, the charges were serious, and the victim had been seriously injured, the case was transferred to juvenile court.
ResultsClient was sent to a juvenile facility for six (6) months in West Virginia where he obtained life skills while being in the outdoors. Client has no adult record and can expunge the juvenile adjudication a the appropriate time.
Juvenile Trial Juvenile Client Charged With Threat to Use Weapons of Mass Destruction Receives Consent Decree (RM00011227) Background
Client was charged as a juvenile with threat to use weapons of mass destruction, terroristic threats, causing or risking a catastrophe, institutional vandalism, and disorderly conduct. It was alleged that Client wrote a threat on a wall of a school indicating that a bomb would explode.
Farrell Weaver & Okun was hired to represent Client for his juvenile adjudication. After several discussion and negotiations with the District Attorney, the District Attorney offered a Consent Decree to Client.
ResultsClient accepted the Consent Decree and was sentenced to community service. After completion of the disposition, Client’s record was expunged.
Juvenile Client Charged With Rape Receives Consent Decree (MF00011166) Background
Client was charged by juvenile petition of rape and indecent assault of a younger family member. Farrell Weaver & Okun represented Client through extensive process. Juvenile was prohibited from seeing family member and being around children. Psychiatric experts were obtained.
Through hours of negotiations, Farrell Weaver & Okun convinced the Office of the District Attorney to give Client a consent decree.
ResultsClient was given a consent decree whereby he was required to be involved in extensive psychiatric counseling and other conditions. Once the probation was concluded, the charges were dismissed. The charges have been expunged.
Appeals Client Convicted of Aggravated Assault Receives a Reduced Sentence (BB00099124) Background
Defendant was convicted of aggravated assault and given a sentence of eight (8) to twenty (20) years of incarceration. Farrell Weaver & Okun were retained to handle the direct appeal. Farrell Weaver & Okun argued that the trial court abused its discretion by failing to understand the sentencing guidelines.
ResultsThe Superior Court agreed and a new sentencing hearing was granted.
On remand, Defendant received a far less sentence. Client was satisfied with the Results.
Appellate Courts Affirm Client’s Successful Pretrial Motons (EH00099124) Background
Defendant won pretrial motions to sever numerous robbery counts from robbery and homicide case, and the Commonwealth appealed. Farrell Weaver & Okun handled the appeal.
ResultsThe Defendant won the appeal in the Superior Court and Supreme Court. The order severing the robbery counts from the homicide case was affirmed.