Client’s First Degree Rape Charges Reduced to a Misdemeanor
DISCLAIMER: The results are specific to the facts and legal circumstances of each of the clients' cases and should not be used to form an expectation that the same results could be obtained for other clients in similar matters without reference to the specific factual and legal circumstances of each client's case.
Client M.C. was charged with first degree rape. This was a classic rush to judgment by law enforcement. The police left so many witnesses and pieces of evidence undeveloped and essentially took the complaining witness’s statement as fact. They found no corroborating evidence and they verbally attacked and challenged an eyewitness who said the accuser was a liar, while intentionally omitting key statements of this witness from their witness summary and police reports. This case was litigated for over seven months.
Attorney Lee Berlin’s Thorough Follow-Up on State’s Sloppy Work Results in Charges Against Our Client Being Reduced to a Misdemeanor With No Jail Time
During that seven months neither the DA’s office nor law enforcement did anything to verify any fact or investigate the truth of any allegation. As such, we took it upon ourselves to track down witnesses and evidence that proved the accuser was a liar and that the sexual conduct was consensual.
One week prior to trial, after I had presented all of this evidence and case theory to the ADA weeks and months in advance, they finally agreed to reduce the case down to a single count of misdemeanor outraging public decency. My client was perfectly fine with this outcome and had said all along that charge was actually what he was guilty of doing and would be willing to plea to that charge. The client received a short deferred sentence and the case is now closed out.
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