Case results depend on a variety of factors unique to each case. Results seen here do not guarantee or predict a similar result in future cases.
Getting a felony dismissal can be emotional for both clients as well as the attorney. Leading up to a court date we explore defenses, we prepare mitigation, we advocate and negotiate with prosecutors. One of the toughest things a client has to deal with in a criminal case is uncertainty. What’s going to happen? Are the things I’m doing now going to pay off? What kind of deal will my lawyer work out? What will the Judge decide?
Oftentimes, there are many variables involved and if I tried to tell you exactly what will happen to make you feel better – that would be dishonest – dishonest about my role in this process and dishonest about the things I know as the experienced legal professional you are entrusting with your case. Bottomline – I don’t have a crystal ball. If you find a lawyer who does, I’d say hire them… but they are probably retired and sailing the Caribbean.
When all of the waiting is over, sometimes we are pleasantly surprised. I recently had a client charged with Felony Unauthorized Use of a Vehicle and Misdemeanor Brandishing a Firearm in Chesterfield County. The Unauthorized Use charge is a Class 6 Felony – which carries a max penalty of 5 years in a state penitentiary. 5 years is unlikely, but still – it’s scary stuff. Brandishing a Firearm is a Class 1 Misdemeanor – which carries up to 12 months in jail.
Because of evidentiary issues and through negotiations with the prosecutor, both charges were completely dismissed in General District Court at the preliminary hearing. We never even got to Circuit Court. That’s a good day in Court.