Victories
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Possession of Marijuana
Charge Amended to Littering -
Defendant was pulled over and marijuana was found in his car after a search
of the car. After negotiating with the Prosecutor Attorney Labovitz was
able to get the charge amended to littering.
Fraudulent Use of a Credit Device
Case Dismissed -
Defendant was charged with stealing an ATM card and using the card. After
diligently investigating the case Attorney Labovitz was able to obtain
security camera pictures that proved it was not my client who used the
ATM card. Attorney Labovitz showed the pictures to the Prosecutor and
was able to get the case dismissed.
Illinois charges of class X felony for possession with intent to distribute methamphetamine and class 1 felony of possession of
Case Dismissed -
Defendant was charged with crime that happened in 2001. Warrant for defendant's
arrest was issued in 2002. The defendant was not arrested until 2011.
Attorney Labovitz filed a Motion to Dismiss the case for violation of
defendant's Constitutional right to a speedy trial. The court agreed
that defendant's Constitutional rights had been violated and dismissed
all charges against him.
Felony Driving with a Revoked License.
Charge amended -
Defendant was caught driving a car while his license was revoked. Defendant
was charged with a felony because of the prior convictions on his record.
Defendant was eligible to have his license reinstated so Attorney Labovitz
assisted him obtaining his license and the prosecutor amended the charge
to a misdemeanor charge of Not a Valid Operator's License.
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Disposition
: Charge amended to the misdemeanor charge of Not a Valid Operator's License.
Federal offenses of conspiracy to distribute and possession with intent to distribute cocaine, heroin and marijuana
Charge amended -
Defendant was recorded on several wire taps talking about the sale of drugs.
Defendant was facing 10 years in federal prison. Attorney Labovitz successfully
argued for an amended charge and a reduced sentenced so that the defendant
could not be sentenced to more than 4 years in federal prison.
Disposition
: Charge amended to knowingly using a communication facility to distribute
and possess with the intent to distribute heroin.
Federal offenses of conspiracy to distribute and possession with intent to distribute cocaine and heroin
Charge amended -
Defendant had two prior felony convictions for drugs. Under the federal
sentencing guidelines the defendant was considered a "career offender"
and was facing no less than 15 years in federal prison. Attorney Labovitz
successfully argued for an amended charge and a reduced sentence so that
the defendant could not be sentenced to more than 8 years in federal prison.
Disposition
: Charge amended to knowingly using a communication facility to distribute
and possess with the intent to distribute heroin.
DWI – Prior Offender
Case Dismissed -
Defendant was involved in a car accident with no other vehicles. Defendant
was removed from the scene by ambulance. Defendant consented to blood
draw and BAC was slightly over legal limit. It was argued by Attorney
Labovitz that the blood draw was taken improperly according to Missouri
Statutes. DWI case dismissed.
Assault 2nd Degree
Case Dismissed -
The Defendant was already on probation for another crime when he allegedly
committed the new crime of Assault in the 2nd degree. The Prosecutor's
Office wanted to revoke the Defendant's probation based on the assault
and charge the Defendant with a new felony assault charge. Attorney Labovitz
conducted a hearing on the State's motion to revoke Defendant's
probation and during the hearing Attorney Labovitz cross-examined that
alleged victim of the new assault charge. After a thorough cross-examination
it was determined no new assault had occurred. The Court did not revoke
the Defendant's probation and the State dismissed the new felony assault
charge against the Defendant.
Petition to Revoke Felony Probation
Continued Probation -
State wanted to revoke defendant's probation for a new law violation.
Attorney Labovitz successfully argued to the court that the defendant
should be continued on probation.
Disposition: After a hearing was conducted the Court found in favor of Defendant and
continued Defendant's probation.
Charge: Assault 1st Degree
Mother was accused of trying to commit suicide and light her car on fire
with her child inside the car with her. After a thorough investigation
of the facts and upon examinations of the defendant by an expert for the
defense it was determined that the defendant was not guilty by reason
of insanity. The defendant potentially faced a minimum of 10 years in
prison and a maximum or life. Due to securing a Not Guilty by Reason of
Insanity the defendant will be released from a mental hospital and not
have any crimes on her record.
Charge:
Assault 1st Degree; Armed Criminal Action; Abuse of a Child; Armed Criminal
Action; Knowingly Burning; Armed Criminal Action; Endangering Welfare
of Child 1st Degree; Armed Criminal Action; and Making a False Report.
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