Stories of Success
Fighting for Justice

The following true stories are just a few
illustrations of the many victories Neil has
earned for his clients.

Charge: DUI
Result: Acquittal
Story:
  • G.Q. was charged with driving under the influence of alcohol
    and drugs ("DUI").  At trial, the arresting police officer testified
    that he smelled the strong odor of marijuana emanating from G.
    Q.'s vehicle.  He also testified that G.Q. admitted to drinking
    three beers and smoking a blunt (a marijuana cigar) an hour
    before driving.  According to the officer, G.Q. failed every
    single field sobriety test.  A Drug Recognition Expert testified
    that, according to his training and expertise, G.Q. was under
    the influence of marijuana and alcohol. An expert from the
    Department of Justice testified that active metabolites of
    marijuana were found in G.Q.'s urine sample. On cross-
    examination, I was able to expose inconsistencies in the
    officers' reports that undermined their credibility.  I presented
    evidence that G.Q. smoked marijuana several hours before
    driving and that marijuana only affects an individual for 2-3
    hours after ingestion. At the time he drove, I argued, G.Q. was
    no longer under the influence.  After two full days of
    deliberation, the jury returned with a unanimous "not guilty"
    verdict.

Charge: First-Degree Robbery
Result: Acquittal
Story:
  • A.C., an African-American male, was charged with the first
    degree robbery of a white female victim.  Soon after the
    incident, the victim positively identified A.C. as the perpetrator
    in a photo lineup.  At trial, the victim again identified A.C. as
    the perpetrator and testified that she was 100% certain.  On
    cross-examination, I demonstrated that, at the time of the
    robbery, the bus was extremely crowded and filled with many
    other African-American males.  I demonstrated that the victim
    actually lost consciousness during the attack.  I argued that
    these factors cast significant doubt on the reliability of the
    victim's eye witness identification.  A.C. was acquitted.

Charge: Embezzlement
Result: Acquittal and Finding of Factual Innocence
Story:
  • J.M. was charged with embezzling merchandise from a large
    retail store. At trial, Surveillance video was presented showing J.
    M. scanning, then subsequently voiding merchandise that was
    later taken out of the store by unidentified customers. Receipts
    were also presented, showing that J.M. was ringing up large,
    expensive items  for only 99 cents.  I argued that J.M. had no
    relationship with the customers in question and that she had no
    idea the merchandise was improperly tagged.  After FIVE
    MINUTES of deliberation, they jury returned with unanimous
    "not guilty" verdict.  The next week, the Superior Court Judge
    signed an order, making a finding of factual innocence and
    ordering that all records of J.M.'s arrest be sealed and
    destroyed.  

Charge: Assault with a Deadly Weapon
Result: Partial Acquittal
Story:
  • M.M. was charged with stabbing an individual during a large
    fight at a party. The victim identified M.M. in a photo lineup
    soon after the incident and again during trial.  At trial, the
    victim testified that he was 100% certain that he saw M.M. stab
    him in the stomach with a metal stake. On cross-examination, I
    exposed the fact that this victim had been drinking heavily. I
    also highlighted the fact approximately 10-20 individuals were
    involved in this fight.  I also presented evidence of   M.M.'s
    character for peacefulness and passivity.  I was able to
    demonstrate that the victim's testimony was not believable. M.
    M. was acquitted of the assault charge. He was only convicted
    of a misdemeanor "disturbing the peace" - and was released
    from custody.

Charge: Child Molest and Sexual Battery
Result: Case Dismissed
Story:
  • S.D. was accused of molesting an 11 year old girl. Three days
    before trial, over my objection, the court allowed to the
    prosecutor to add a more serious charge to the complaint. Eight
    days later, this new charge was dismissed due to insufficiency
    of evidence. I then filed a motion to dismiss the original
    charges, arguing that S.D's right to a speedy trial had been
    violated. Following an oral argument, my motion was granted
    and the case was dismissed.

Charge: Possession of Drug Paraphernalia
Result: Evidence Suppressed, Case Dismissed
Story:
  • At 11 p.m., police responded to a call of a burglary in progress.
    They arrived at the location, and observed K.D. walking out of
    the front door, holding a box, wearing black gloves and
    sweating profusely. The police officer immediately conducted a
    "pat search" of K.D. and located drug paraphernalia in his
    pocket.  It turns out that K.D. was simply helping a friend
    move. I argued that the police officer did not have any reason
    to believe that K.D. was armed and dangerous and should have
    at least conducted a threshold inquiry before putting his hands
    on K.D. The judge agreed and suppressed the evidence. The
    case was immediately dismissed.

Charge: Possession of a Controlled Substance, Paraphernalia
Result: Evidence Suppressed, Case Dismissed
Story:
  • D.D. was stopped by the police for running a stop sign on his
    bike.  The officer asked him if he had anything illegal on his
    possession, at which time D.D. allegedly appeared suspicious.
    The officer conducted a pat down search and felt an object that
    the officer suspected was a syringe. The officer searched D.D.
    and discovered a straw used to snort meth, as well as a small
    amount of meth in D.D.'s sock.  I argued that the officer acted
    unreasonably in a) conducting a pat search and b) believing that
    a plastic straw felt like a syringe. The judge agreed and
    suppressed the evidence. The case was immediately dismissed.

Charge:  First-Degree Burglary, Possession of Stolen Property
Result: Partial Acquittal
Story:
  • Victim reports a burglary after returning home from vacation.
    Her computer had been disassembled, her son's "PSP" and new
    sneakers were missing. Victim suspects W.C. is the perpetrator
    because of his past criminality and his known love for
    computers. A neighbor reports seeing W.C. in the neighborhood
    on the day of the burglary.  Police find victim's son's shoes in W.
    C.'s room, under the bed.  Police also find disassembled
    computer part strewn about W.C.'s room. At trial, I presented
    an alibi defense placing W.C. with his mom on the day of the
    burglary. I also exposed inconsistencies among neighbor's and
    victim's testimonies. W.C. was acquitted of the first degree
    burglary charge and was only convicted of being in possession
    of the stolen shoes.

Charge: Possession of Controlled Substance, Drug Paraphernalia
Result: Evidence Suppressed, Case Dismissed
Story:
  • Police Officer reports seeing M.K. seated in the front seat of a
    parked vehicle in a high crime / high drug area. He sees smoke
    in the car. He shines his spotlight on the car, then approaches
    the window. He notices the smell of alcohol on M.K.'s breath.  
    M.K. questions the police officer's intentions, asserting his right
    to be left alone if he's not committing a crime. The officer
    informs him he is under arrest for being drunk in public. The
    officer searches M.K. and finds a small amount of meth and a
    meth pipe.  I argued that the police officer overstepped his
    bounds by first detaining, then arresting M.K.. The judge
    agreed, suppressed the evidence and dismissed the case.


Click here to read more success stories of favorable
results I was able to negotiate .
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"A reasonable
doubt is nothing
more than a
doubt for which
reasons can be
given"  

- Lord Halisham