Victories

Victories

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Defendant was caught driving a car while his license was revoked.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.

? 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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