Our Case Results

Charged with Assault

Charges Reduced

Our client was charged with Assault. The alleged victim in the case was on probation for previously assaulting our client and was heavily intoxicated on the date of the alleged crime. We discussed the case with the District Attorney's Office and discussed the alleged victim’s credibility and shared photographs of our client’s injuries. It is also noteworthy that on the date of the alleged crime, no arrests were made when police responded. It was about a week later that the police charged our client. We negotiated that our client would plead guilty to a non-criminal offense.

Accused of Sexual Assault

Case Dismissed

We represented a college student who was accused by his former significant other of sexual assault and faced a lengthy Title IX investigation and hearing. During the investigation, we turned over evidence that proved that the alleged victim was not being truthful. In fact, we also asked to file a cross-complaint against the alleged victim, for certain things that... she had done during their relationship that were in violation of the college’s sexual assault/harassment policy. The investigation persisted to a hearing. After the hearing, our client was found NOT RESPONSIBLE for any of the allegations. The alleged victim, now turned respondent, was found RESPONSIBLE for her conduct. It is important to note that filing retaliatory charges simply for retaliation is a violation of the policy in it and of itself. However, this was a case in which we were able to provide proof of the violations and that we were not pursuing the charges simply in retaliation for the original report.

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Charged with Grand Larceny

Charges Reduced

We represented an incarcerated man charged with Grand Larceny. The case was being scheduled for a trial when we were hired. The offer was a felony plea with 2 - 4 years of prison before we were hired. We reviewed the case and met with our client, who was interested in a deal but not 2 - 4 years of prison. We negotiated and showcased the proof issues and equities with the DA. A new deal was reached, and our client pled guilty to a misdemeanor and was sentenced to 1 year of county jail.

Accused of Selling Alcohol to a Minor

Case Dismissed

We represented a store employee who was accused of selling alcohol to an underage buyer. They were charged with a misdemeanor crime of Unlawfully Dealing with a Child in the First Degree. During our legal research, we became aware of an affirmative defense that entitled our client to have the charges dismissed if he completed an alcohol training awareness program. Our client completed the program, and the case was dismissed.

Attempted Theft

Case Dismissed

We represented a woman who was accused of attempted theft by her former employer. Our client has consistently worked for organizations that benefit the community, has no criminal history, and is a good mother. She hired us before she was arrested during the investigation phase. We spoke with the police investigator and were able to hold them off from charging her for about a month. Once our client was formally arrested, her current employer was considering suspending her. We were able to speak with her current employer and convince them to wait. We discussed the case with the District Attorney's Office and discussed proof issues, our client’s good character, that there was no victim, no injury, or financial loss, and that a fair outcome would be for the case to be dismissed. The District Attorney agreed with us, and the case is scheduled to be automatically dismissed by the Court.

Accused of Sexual Assault of a Minor

Case Dismissed

We represented an individual who was falsely accused of inappropriately touching a minor. These cases are always challenging because it is extremely difficult to prove a negative. How do you prove that something didn’t happen? Through the course of the case, the matter was indicted by the Grand Jury. There was just one problem, the testimony from law enforcement personnel during the proceeding was not accurate and grossly misstated the evidence. We filed a motion to dismiss the case based on that. Our motion was granted, and the felony charges were dismissed.

Accused of Sexual Assault

Case Dismissed

We recently defended a college student who was falsely accused of numerous allegations of sexual assault at a New York college. Unfortunately for most college students who are faced with this type of accusation, society deems you to be guilty unless proven innocent. Faced with defending this case and the stereotypes that come with it, we ultimately prevailed. With the assistance of our client and our private investigator, we conducted our own investigation – compiling months of text messages, and photographs, and speaking to witnesses. After being thoroughly cross-examined at the hearing, the hearing board determined that the alleged victim was not credible. Our client was found not responsible for all the allegations!

Accused of Sexual Assault

Case Dismissed

Recently, there has been an increase in false Title IX allegations filed against other students. In the last four years alone, our firm has successfully defended college students at SUNY Geneseo, SUNY Brockport, SUNY Oswego, Syracuse University, Rochester Institute of Technology, and the University of Rochester. If you or anyone you know is accused of sexual harassment, sexual assault, or domestic violence on a college campus, they should speak to an experienced attorney as soon as possible. Students are not afforded the same constitutional protections as those charged in criminal court. These cases can result in suspension, expulsion, and ultimately, the loss of a potential career.

Charged with a Felony

Charges Reduced

Our client was a college student charged with a felony. We negotiated a plea bargain where he would plead guilty to a misdemeanor and go on temporary probation or "interim probation" for 1 year. If he was successful on interim probation, he would be allowed to withdraw the misdemeanor plea and plea to a non-criminal violation level offense. Our client did very well on interim probation and recently withdrew his plea and entered the non-criminal ... outcome. He is going to be graduating soon and is doing really well. We represented a young man that was charged with a misdemeanor Driving While Intoxicated. We were unable to reach a plea agreement and the case recently proceeded to a jury trial. There were a variety of issues in the case including a significant accident where the car rolled multiple times where our client was significantly injured, there was only one field sobriety test performed (incorrectly!), and no breath or blood was gathered as evidence. We argued at trial that the tire tracks were consistent with someone falling asleep or nodding off as evidenced by the straight lines and no skid marks. We argued our client was not intoxicated because he was not slurring his words and the arresting officer answered about 30 questions admitting that our client was stable, following directions, responsive, and had appropriate coordination, etc. There were some alleged comments made by our client about screwing up and also admitting to having a few beers earlier. After talking with our client, we strategically asked the Judge to charge a "lesser included offense" of Driving While Ability Impaired By Alcohol ("DWAI"). In closing arguments, we asked the jury to consider dismissing all the charges but as a backup asked them to only convict of DWAI (rather than DWI) if they believed alcohol played a role in the accident. The jury found our client guilty of DWAI after about 1 hour of deliberation. This was a win because DWAI is not a crime like a DWI. The suspension on a DWAI is 90 days instead of 6 months, there is no breathalyzer requirement, and the fines and surcharges are less. Our client was happy with the result.

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Charged with a Felony Burglary

Charges Reduced

Our client was charged with Felony Burglary in the Second Degree. It was alleged that he unlawfully entered a residence with the intent to commit a crime. If convicted, he would face a mandatory prison sentence. We argued during negotiations that there was no proof of intent to commit a crime when he entered the house. We resolved the case with a plea to misdemeanor criminal trespass without any jail or probation.

Charged with a Illegally Disposing of Mail

Case Dismissed

We represented an individual who was employed by the US Postal Service and was charged in Federal Court with illegally disposing of pieces of mail. After much consideration, we were able to prove to the Federal government that there was no bad intent, and that it was a mistake. After adjourning the case for one year and our client’s good behavior, the Federal government dismissed the charge.

Charged with Felony Grand Larceny and Felony DSS Fraud

Case Resolved with Non-Criminal Outcome

Our client was charged with Felony Grand Larceny and Felony DSS Fraud. Our client was accused of intentionally stealing from The Department of Social Services (DSS) and receiving $2,000 more than she should have. During... the initial meeting with our client, King Law became aware of a confusing letter our client had received from DSS about changes in income and when it was necessary to disclose minor adjustments to income. We spoke with the District Attorney's Office and made them aware of the letter and also provided other pertinent information. Legally, we were prepared to argue in Court that our client did not have the intent to defraud. The letter was ambiguous and confusing, she thought she was handling the situation appropriately and consistent with the letter. We agreed that she may have over-received, but we did not agree that she purposefully and intentionally defrauded them. The District Attorney agreed to resolve the case with a non-criminal outcome of Disorderly Conduct with restitution. Our client decided to accept the deal.

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Charged with Possession of a Weapon

Charges Dismissed

We represented a woman who lived in a very untenable situation with an aggressive and threatening neighbor. Despite having this information, the police charged our client with possession of a weapon for possessing a Taser. After negotiations, the charge was appropriately dismissed.

Charged With Multiple Felonies While Serving a Sentence of Felony Probation

Charges Significantly Reduced

We represented a client who was charged with multiple felonies while serving a sentence of felony probation. The evidence in the new cases and violation of probation case were strong for the prosecution due to... the new charges and other alleged technical violations of the terms of probation. A concern in the violation of probation case was the lack of a right to a jury trial and the relaxed burden of proof for these types of hearings. The Court and District Attorney's Office were taking a lengthy prison position at the start of representation. One thing we looked at was the previous procedural background of the cases. We discovered that prior to probation, our client had been on interim (temporary) probation. Within the previous attorney's file, we noticed an agreement outlining if our client did not do well on temporary probation, he would have received a much shorter prison sentence than was being offered now. During negotiations, we argued that if our client was alleged to have committed a crime during temporary probation, he would have received the more lenient sentence. We argued that although there was no promise made for the full/regular probation sentence, the previous indicated sentence made more sense. We argued that his sentence should not be further enhanced simply because it took longer for an alleged violation to occur. After numerous negotiations, it was agreed that our client would receive the more lenient sentence and that the new charges would also be significantly reduced.

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Charged with Attempted Murder

Charges Significantly Reduced

Every so often, there are very serious cases that come about that are difficult to explain. Our firm previously represented a middle-aged female with no criminal history that was charged with Attempted Murder for the stabbing of... a co-worker. The incident was caught on surveillance camera and our client was facing up to 25 years in prison. The surveillance video, however, did not tell the entire story. After meeting with the client and reviewing the police reports, our firm hired a psychiatrist to review the case, interview and potentially diagnose our client. After months of work and dedication to the case, our application to reduce the charge was not opposed by the District Attorney’s Office reducing the case to Attempted Assault and left her sentence up to the Judge. Our firm’s sentencing memorandum highlighted the issues we saw with the case and provided expert medical testimony, which was crucial in convincing the judge to give the minimum sentence allowed. Our client will serve about 2 years in jail, following sentencing. When considering criminal cases, wins and losses cannot always be measured in guilty vs. not guilty trial verdicts. This was a successful outcome in the defense of our client.

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University Student Accused of Domestic Violence

Accusations Dismissed

We represented a college student who was accused of multiple Title IX violations at a local University. These Student Code of Conduct violations alleged various forms of domestic violence. However... , during the investigation, we uncovered numerous inconsistencies in the allegations. A full Title IX hearing was conducted, and our client was found Not Responsible and can return to finish his degree.

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Aggravated Unlicensed Operation in the Second Degree

Felony Dropped to Misdemeanor

We represented a young man who was pulled over for an unregistered motor vehicle and driving without a license. His license had been revoked because of driving while intoxicated conviction and therefore he was charged with ... Aggravated Unlicensed Operation in the Second Degree. The car he was driving was borrowed. There were two other passengers in the car. No one had a valid driver’s license. The police did an inventory search of the car because they were going to tow it and located a bag of cocaine under the driver's seat. The police talked to the two passengers who hinted that the substance was the driver's. Due to the weight of the cocaine, it was charged as a felony and the District Attorney's Office was offering a felony plea deal. In response, we highlighted some potential issues in the case to the District Attorney's Office and provided some mitigating information. We also argued that it was not a very significant amount of cocaine (despite being slightly beyond the statute set weight) and argued a misdemeanor would be more proper than a felony. The District Attorney changed their plea offer to a misdemeanor with 2 years of probation which our client accepted the offer after we discussed all options. It was a good outcome because the charge for Aggravated Unlicensed Operation by itself required either jail or probation if convicted and there was significant felony exposure.

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Felony Grand Larceny

Plead Guilty for Disorderly Conduct

We represented a man who was arrested for felony Grand Larceny. It was alleged that he stole an electric-assist ("e-assist") bicycle from a bicycle shop. It was alleged that he had taken the bike for a test ride and ... took off not intending to return. We argued that not much time had passed since he left the store on the test drive and the proof of intent to steal was lacking. While our client did leave the store plaza, he had only traveled to another large plaza across the street. We pointed out that he had left collateral with the store and that he had no prior criminal history. It was logical that someone considering buying a bicycle costing more than $1,000 would want to test it for more than a few minutes. We pointed out that consumers often test drive a car for a significant amount of time and distance. It was ultimately negotiated that our client would plead guilty to a non-crime of Disorderly Conduct and pay a surcharge.

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Assault in the 2nd Degree

Case Dismissed

Court - Greece Town Court. In People v. C.B, the police received a call from a woman admitting to stabbing her boyfriend with a knife. Upon arrival the officers found the two of them covered in blood in their apartment. Mr. King's investigation ... showed that the "victim" of the crime was a suspected drug dealer. He also uncovered evidence that the incident actually involved a drug debt and fight with another person. When the man was stabbed he forced the defendant to say she had stabbed him under duress, so he could receive medical treatment without jeopardizing the code of the street and reporting the actual defendant.

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Petit Larceny

Plea to disorderly conduct w/Community Service

Court - Gates Town Court. In People v. xx, the defendant was cant leaving a grocery store with nearly $200 merchandise hidden on her person. She had a history of Petit Larceny from the immediate past. The prosecutor ... wanted jail time. Mr. King wrote a 15-page motion, which specifically challenged the police paperwork and the way the defendant was charged by the police. Instead of risking a complete loss at the motion argument, the prosecutor allowed a plea to the violation, which was acceptable to the defendant.

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Driving While Intoxicated

Convicted of traffic tickets only, fine

Court - Brighton Town Court In People v. A.J., the defendant was represented by a "cheaper" lawyer for the majority of the case. Two weeks before trial the defendant and his family decided that a bargain attorney was not the best attorney for trial. Mr. King was hired. On the day of trial Mr. King challenged whether the breath test machine was in working order and the criminal charges were dismissed.

Criminal Mischief in the Third Degree

Dismissed

In people v. J.P. the defendant was a young professional charged with intentionally damaging his girlfriend's car as part of a domestic dispute. He faced a felony conviction, a questionable future and up to three years in state prison. ... Mr. King's investigation showed that the "victim" was highly intoxicated, had tried to hit the defendant with her car, and did not make a report until she sobered up the following day. The charges were dismissed.

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Unlawful Possession of Marijuana

Dismissed

In people v. C.G. the police alleged that they recovered a bag of marijuana after a traffic stop. Mr. King reviewed the documentation provided by police and realized the proper steps had not been followed to allow for a conviction at trial. He requested a bench trial. When the trail was scheduled to begin, the people could not proceed and the case was dismissed.

Petit Larceny

Case Dismissed

In people v. Anonymous, the defendant was a 17-year-old high school student charged with stealing two bottles of cologne from a local retailer. Despite the overwhelming evidence of guilt, Mr. King negotiated in Webster Town Court for a dismissal of the charges based on the lack of prior criminal history, along with the facts and circumstances of the arrest.

Criminal Possession of a Weapon in the Second Degree

Dismissed

In People v. S.G. a 18 year old was charged with criminal possession of a weapon. Police had responded to a report of shots fired and apprehended the defendant a short distance from a loaded hand gun in the back yard. S.G. faced 15 years in prison ... Mr. King started a deep investigation into the witnesses present at the location. He was able to prove that three of the "witnesses" had prior criminal records. Two of them were suspected gang members with links to illegal hand guns. The evidence was presented to the Grand Jury and the case was dismissed.

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Assault in the First Degree

Dismissed Potential Jail Time: Maximum Sentence 25 years New York State Prison.

Court: Rochester City Court In People v. A.V., a bar fight at a local pub ended with three shots fired and a victim shot in the head and torso. ... The victim identified Mr. King's client in a photo array. The Defendant had been suspected in a prior menacing with a weapon. Mr. King conducted his own investigation with the help of a private investigator and showed personal characteristics on his client that were not present on the shooter. An alibi defense was also developed. At the second court date the charges with withdrawn and dismissed by the prosecutor.

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Misdemeanor for Driving Without Insurance and Registration

Case Dismissed

Not all cases are going to be grand larcenies, felonies, murders or any other huge crimes you may think of. Smaller charges can be just as important to retain representation. For example, Jerry recently represented a ... school bus driver who was issued a misdemeanor for allegedly driving without insurance and registration. He needs to be able to drive as his license and job are now all at stake. The driver hired King Law and was asked to send all material received from the insurance company, and DMV including his DMV receipts. Upon review, Jerry found he was had addressed the issue prior to ticket and was valid. Jerry then contacted the DA’s office, provided the proof, and asked to be dismissed. Within in one day, the DA’s office agreed he was innocent, and they asked The Court to dismiss charges. The lesson here is to always keep your receipts, you never know when you will need to proof your innocence.

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Misdemeanor Criminal Contempt for violating an Order of Protection

Case Dismissed

Our client was charged with misdemeanor Criminal Contempt for violating an Order of Protection. Upon reviewing the case, it was discovered that the police had issued a warrant for our client's arrest over six months earlier and made no efforts to arrest him. A motion to dismiss was granted in favor of our client for violating his rights to a speedy trial.

Forcible Touching

Case Dismissed

Court: Irondequoit Town Court. Facts: In people v. XX a young man was charge with a sex offense against another student from his high school. He faced the possibility of elevated attempted rape charges and sex offender registration. Mr. King's investigation showed that the witness was not credible and the evidence ... was not consistent with the story being told by the complaining witness. After several rounds of negotiation the charges were dismissed.

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Grand Larceny in the Fourth Degree, Criminal Possession of Stolen Property in the Fifth Degree, Petit Larceny

Reduced charge: Less than 6 months in Jail

In People v. C.V. The defendant had been sentenced to drug treatment court for possessing stolen property. Shortly after being released to a ... treatment program, he failed to appear in court and a warrant was issued. The defendant evaded police for several months. Eventually he was arrested in an adjoining town for stealing property from a farm. To his surprise, the farm was owned by an investigator in the New York State Police and there was High Definition video footage of the crime. The defendant had 31 prior convictions including 7 prior felony convictions on his record. If convicted of a felony, the defendant was eligible to be sentenced as a persistent felony offender and could have received 15 years to life in prison. The defense: Mr. King conducted his own investigation and argued that the value of the stolen property was under the felony threshold of $1000. He further argued that the "victim" was experienced in the system and had inflated the value unfairly, in violation of the defendant's rights.

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Criminal Possession of a controlled substance in the 3rd Degree

16 weekends in county jail, 5 years’ probation

In People v. H.R. the Greater Rochester Area Narcotics Enforcement Team, had investigated a suspected drug dealer for several years, the team used a confidential informant to buy cocaine from the defendant. ... The team then executed a search warrant that led to the recovery of over 70 grams of powder cocaine, over half a pound of marijuana and three guns a few feet away from the drugs, as the police entered his home the defendant made several incriminating statements to the police. H.R. faced upwards of 20 years for drug and gun charges. In addition, there were potential federal charges, that could have led to even more prison time. Mr. King was hired and started an investigation immediately. He was then able to negotiate a deal by challenging the quality of the warrant, the reliability of the informant and the high likelihood of the suppression of his clients statements because he had not been read proper Miranda warnings.

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Assault in the 3rd Degree

Plea to disorderly conduct, a sealed violation - 24 hours community service

Court: Rochester City Court. In People v. S.R., the police accused the defendant of attacking a bouncer from behind while he was escorting another bar patron from a popular local hangout, causing physical injury. The prosecutor provided photographs showing injury to the bouncer's face. Mr. King challenged whether his client was the initial aggressor.

Criminal Possession of Stolen Property in the 5th Degree

Case Dismissed

Court – Irondequoit Town Court. In People v. D.L. the client was charged with possession of stolen property after the police responded to a 911 call from noise in her garage. Three men were found disassembling expensive mountain bikes... and loading them into our client's car a short distance away. Police reports identified the co-defendants as the burglars. Mr. King argued that the client had no knowledge of the crime and that the witness' version of events supported our position.

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Animal Cruelty

Case Dismissed

In people v. D.W. police raided an apartment based on a tip from a neighbor of suspected illegal behavior inside. They found nothing illegal, but a dog was found in a construction pit in the back yard. The owner was charged with animal cruelty. ... Mr. King completed a complete investigation and proved that the dog was well cared. He further showed that the dog had in fact fled when the police entered the property on less than probable cause and had fallen into a work site. The case was dismissed by the judge.

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Petit Larceny

Dismissed

In people v. B.G. the defendant was a student alleged to have been an accomplice in stealing from a grocery store. He was facing a criminal record and an uncertain future. Mr. King investigated the case and ... reviewed the video footage from the grocery store. He challenged whether there was any evidence of B.G. acting in concert, or even knowing, that his friend was stealing. The case was dismissed by the judge.

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Grand Larceny in the 3rd Degree, class D Felony

Reduced

Court - Rochester City Court In People v. D.K., the defendant called Mr. King after being represented by another lawyer for several months. The defendant had admitted to taking money from another person's bank ... account using their card and password. There was a large amount of money in question. Mr. King conducted a complete investigation and proved that the defendant had legal authority to the money, despite using the card illegally.

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Rape in the First Degree, Criminal Sexual Act in the First Degree, Burglary

Dismissed

Mr. King was contacted by a young man and his family following a police interrogation of a nineteen year old rape suspect. The allegations included oral and vaginal sex by physical forcible compulsion. The suspect had ... admitted to taking a young woman to a seculeded location and having sexual contact with her. Defense – Mr. King immediately began his own investigation which showed that the complaining witness had made false sexual abuse allegations against two other young men in the past. Documents showing that the complaining witness threatened men with false allegations of sexual abuse were also recovered. Finally, the investigation showed that the complaining witness was bi-polar and had attempted was under the influence of drugs when she disclosed the sexual abuse. Mr. King notified the prosecutor of the evidence and notified the district attorney that his client would exercise his right to testify before the grand jury.

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Possession of Child Pornography

Reduced Charges

Courts - US District Court for the Western District of New York, Livingston County Court. In People v. D.F., the FBI used an undercover agent to speak to a suspected producer of child pornography via social media. After a lengthy investigation they seized his computer for forensic examination, which revealed child pornography. ... After several months of negotiations with the US Attorney's office the federal charges, which could have resulted in several years in federal prison, were not prosecuted. The case was then brought to Livingston County Court on a sealed indictment. The Livingston County District Attorney's office initially pressed for state prison. After several more months of negotiations D.F. pled guilty to possessing one image of child pornography and was sentenced to 8 weekends in jail and probation. At the Sex Offender Registration hearing Mr. King argued against the judge's initial determination of a level two sex offender by challenging the number of victims in the case, as well as whether the age could be proven. D.F. was granted level 1 sex offender status, a significant reduction.

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Title IX / Sexual Assault investigation, Criminal Charge: Rape in the Third Degree

Dismissed

In State University of New York v. XX, our client came to us after being suspended from college and arrested by the New York State Police for the supposed rape of a female acquaintance. He had already taken part in a hearing at the college and had been suspended for a year. ... In addition he faced up to seven years in New York State Prison. The allegation was that he had sexual intercourse with an acquaintance in her apartment without her consent. We immediately launched our own investigation. We showed that the complaining witness had serious inconsistencies in her statements. We learned that she had admitted that the sex was consensual to some members of the college. We brought our new evidence to the college and the district attorney assigned to the case. Outcome: Our client is back in school and the criminal charges have been dismissed.

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Criminal Possession of a Weapon in the Second Degree, Assault in the Second Degree, Reckless Endangerment in the First Degree

3.5 years jail

In people v. C.R. the defendant and his co-defendant were charged with shooting two people when they were denied entry into a party. There were over ten witnesses and bullets and bullet casings were recovered at the scene. The defendant was facing 22 years. ... Mr. King carefully reviewed the evidence and used a private investigator to find inconsistencies in the witnesses' statements. After several weeks of negotiations he allowed to plead guilty to the minimum sentence allowed by law. His co-defendant, who had retained another leading criminal attorney, received a sentence of five years.

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Enterprise Corruption

Served Four Months Jail and a Term of Probation

In people v. P.G. our client was charged with one of the most serious white-collar offenses in New York, Enterprise Corruption. The police alleged that his property management company was used as a front for the distribution of ... illegal drugs. He faced up to 25 years in prison. We challenged the use of the enterprise corruption statute in this situation since the law was originally intended to fight the mob. After successfully challenging the enterprise corruption case, our client pled guilty to possession of marijuana and served four months jail and a term of probation.

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DWI and Refusal to Submit to Chemical Test

Not Guilty

In People v. L.S., our client was charged with DWI and refusing to submit to the chemical test. The team at King Law quickly and thoroughly investigated the case, locating witnesses who interacted with our client as well as ... video surveillance of our client just prior to the traffic stop, proving she was not intoxicated. The case proceeded to trial where the King Law attorneys successfully challenged the police accusations. Five minutes after closing statements the Judge found our client Not Guilty of DWI and all alcohol related charges.

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Grand Larceny in the 2nd Degree

No Charged Filed

Aggravated DWI

Reduced

In people v. R.B. the police charged a young man with leaving a prominent area country club while intoxicated. They said that he nearly caused several accidents and had been reported by 911 to the police in three different ... towns in Monroe County. The police located the defendant as he pulled into his parent's home. R.B was arrested for aggravated DWI, with an alleged blood alcohol content of .37, four and a half times the legal limit. He was facing up to a year in jail. Mr. King was brought a 22-page motion challenging the officer's approach of the defendant on private property and the validity of the tickets issued by the police. The prosecutor feared potential dismissal, and offered a fine, which R.B. gladly accepted.

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Harassment in the Second Degree

Dismissed

Court - Penfield Town Court. In People v. B.G., following an altercation at a bar a fight ensued. Two people trying to break up the fight were struck by the defendant who was charged after leaving the scene. At the first court date ... Mr. King argued that the paperwork was defective because it did not sufficiently state the level of intent required. The case was promptly dismissed.

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19 year old Charged with DWI

Acquittal

Court - Gates Town Court. In People v. S.T., the defendant was a 19 year old student driving his friends home from a party. Follow his stop for a bad light he admitted to drinking alcohol. At trial the prosecutor called the arresting officer... , who testified that the driver was drunk and had passed field sobriety tests. Mr. King cross examined the police witnesses calling into question their training and procedures during the arrest. The turning point in the trial may have been the successful application for a missing witness charge in regards to an alleged breath test operator, who was not called as a witness.

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Title IX / Sexual Assault Investigation

Cleared

In State University of New York v. XX, our client, a Rochester native, was informed of a sexual abuse allegation from a night earlier in the school year at his college in New York City. Our client insisted the sex was consensual.... Our investigation showed prior sexting between the couple, a night out together and other students that suggested there was no foul play. We secured text messages supporting our version. We submitted a lengthy list of questions to the accuser, consistent with the college's investigation policy. Outcome: Our client was cleared of any wrongdoing and continues his studies today

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Assault in the Second Degree

Reduced

In people v. K.R. the defendant was an honorably discharged soldier charged with beating her son with a drum stick. The defendant faced up to seven years in jail. Mr. King challenged whether the defendant had in fact injured the child. ... He also showed proof of involvement by child protective services and an action plan for the mother. The records were sealed, on a plea to the violation of Harassment in the second degree and the defendant paid only a $125 surcharge to New York State.

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Aggravated DWI

In People v. F.L. a local engineer was charged with aggravated DWI after allegedly striking a curb and disabling his vehicle. He was arrested a short distance away and returned to the scene for identification by a civilian witness. ... Mr. King challenged the ability of the police to make an arrest based on an anonymous tip as well as the reliability of the identification of the defendant by the civilian witness. He presented a 30 page motion including relevant case law. Prior to the beginning of the hearing on the issues Mr. King had presented, the judge convinced the prosecutor to offer a plea to a traffic ticket, which the client was happy to accept.

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College Student Charged with DWI

Case Dismissed

Our client is a college student and was charged with driving while ability impaired by alcohol. There were technical issues with the case paperwork and the case was dismissed at arraignment. We spoke with the Assistant District Attorney who advised they are not refiling. The case will remain dismissed.

Robbery in the Second Degree

Community Service

In people v. K.J., a seventeen-year-old young man was charged with Robbery. Police alleged that he and an accomplish had beaten another student on a bike in order to steal his cell phone. He faced up to 15 years in prison. ... Mr. King's investigation showed that K.J's co-defendant largely at fault. The evidence was brought to the prosecutor, he performed 40 hours of community service and the charges against K.J. were sealed. K.J.'s co-defendant was convicted of a felony.

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Conspiracy with Intent to Distribute 1000 Kilograms or more of Marijuana. 21 USC 846

Reduced Charges

Court: Federal Court, United States District Court for the Western District of New York Potential Jail Time: Up to 40 Years in Federal Prison In People v. XX, defendant was arrested following a multi-year investigation by the FBI, DEA, and ... Greater Rochester Area Narcotics Enforcement Team. The investigation totaled over 6,000 man hours of work by law enforcement. The sealed indictment alleged that the defendant and multiple co-defendants conspired to bring drugs in from Canada for several years. The charges alleged that the defendants used relationships with Native Americans to bring drugs across an indian reservation and into the United States from Canada. At the time the warrant was executed computers and drugs were seized from the defendant's home. Following the arrest other allegations of criminal activity were investigated, including Witness Tampering and Obstruction of Justice. Result: Mr. King was able to negotiate a reduction to Conspiracy with the intent to distribute 100 Kilograms or more of Marijuana, with a sentence of 36 months federal prison. In addition, no new charges were brought for Obstruction of Justice. The defendant was also allowed to participate in the federal drug treatment program which reduces the prison term up to one year and allows the defendant to leave prison early and live in a half-way house prior to his official release from prison. The defendant was sentenced below the federal sentencing guidelines – a rare outcome.

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Felony and Misdemeanor Drug Charges

Charges Decreased

We recently represented an individual who had already pled guilty and was going through Drug Treatment Court. Things were not going well for him. Unfortunately, our client had already pled guilty to both felony and ... misdemeanor level crimes and was facing prison time for not successfully completing Drug Treatment Court. When we took over the file, it became apparent to us that this client didn't deserve a felony conviction for what he was accused of. After taking over the file, we provided information to the District Attorney's Office and to the Court which resulted in them allowing our client to withdraw his plea to the felony and receive a misdemeanor, despite the fact that he was not successful.

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Attempted Robbery in the First Degree

Attempted Robbery - Third Degree & Probation

In People v. R.T. the defendant was charged with Attempted Robbery in the First Degree for allegedly beating a innocent civilian with a tire iron to steal his wallet. He originally hired another leading defense attorney from ... Western New York. Half way through the case R.T. was looking at a lengthy term in New York State Prison. After hiring Mr. King a complete investigation was conducted. Mr. King presented evidence to the prosecutor that showed a strong likelihood of success at the upcoming Jury Trial. Based on the information, the defendant was facing 15 years in state prison. Mr. King was able to secure an offer of probation, which R.T. gladly accepted.

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Charged with Drunk Driving

Acquittal Court – Greece Town Court

In People v. A.B., the 22 year old driver was stopped for speeding, making an illegal turn, and erratic driving. After failing several field sobriety tests, the defendant provided a breath test of .11. He was arrested for ... Drunk Driving, Driving with a Blood Alcohol Content of greater than .08 and several traffic infractions. The client was acquitted of all criminal charges at trial. Mr. King cross examined the witnesses and was able to show that the field sobriety tests were not conducted as the officer was trained. He then used the police documents to show that the proper protocol was not followed when the breath test was given.

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Grand Larceny in the Fourth Degree, Criminal Possession of Stolen Property in the Fifth Degree, Petit Larceny

Reduced Charges

In People v. C.V. The defendant had been sentenced to drug treatment court for possessing stolen property. Shortly after being released to a treatment program he failed to appear in court and an warrant was issued. ... The defendant evaded police for several months. Eventually he was arrested in an adjoining town for stealing property from a farm. To his surprise the farm was owned by an investigator in the New York State Police and there was High Definition video of the crime. The defendant had 31 prior convictions including 7 prior felony convictions. If convicted of a felony the defendant was eligible to be sentenced as a persistent felony offender and could have received 15 years to life in prison. The defense: Mr. King conducted his own investigation and argued that the value of the stolen property was under the felony threshold of $1000. He further argued that the "victim" was experienced in the system and had inflated the value unfairly, in violation of the defendant's rights. Result: The defendant pled guilty to a reduced charge and served less than six months in jail on both charges.

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Felony for Exchanging Counterfeit Money

Case Dismissed

Client is a 19-year-old who was accused of exchanging counterfeit money for real money at work. Prior to his arrest, he enlisted with the United States Marines but had not yet gone to boot camp. Thereafter... , he was arrested on felony and misdemeanor charges. We met with him and his family and discussed the case and gathered detailed information about him personally. We then spoke with the District Attorney's Office on multiple occasions about the case and the circumstances outside of the case. After numerous discussions, the District Attorney's Office and Court dismissed the charges. Our client is expected to go to boot camp in the near future.

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Charged with a Theft Crime

Non-Criminal Plea

We represented a young man who was charged with a theft crime. Our client voluntarily entered inpatient treatment for chemical dependency, where he successfully completed the program. He then entered ... and was engaged in additional treatment through supportive living. We obtained numerous treatment updates and letters showing his progress. It was then negotiated that he would plead guilty by affidavit to a non-criminal outcome. It was a good outcome because it resulted in a non-criminal plea and he did not have to leave treatment to appear in Court.

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Felony Criminal Possession of Stolen Property

Case Dismissed

Our client was provided with a work vehicle as part of his employment. He was working out of state for his employer and received notice that he was terminated from his position. He was told to turn the vehicle... in immediately at the out of state location. About 24 hours later, our client turned in the vehicle at one of the employer's New York locations. His employer had already made a stolen vehicle report with the Police and after turning in the vehicle, our client was charged with Felony Criminal Possession of Stolen Property. After two Court appearances, the case was dismissed.

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Assault in the 3rd Degree

Dismissed

In people v. J.R. a local business owner was charged with beating his wife. Photos showed that she had been bruised. The defendant faced up to a year in jail. Mr. King conducted a full investigation and evidence was turned over to the prosecutor. The case was dismissed.

Menacing in the Second Degree

Case Dismissed

Court: Henrietta Town Court. In Case People v. Michael Joanette, Mr. King challenged whether Mr. Joanette had intentionally threatened anyone. Evidence was introduced form experts that Mr. Joanette did not have the mental capacity to proceed and the charges were dismissed.

Endangering the Welfare of a Child

Case Dismissed

In People v. P.S., the defendant was charged with a class A misdemeanor when his child was found outside in the cold without shirt or shoes. The defendant faced up to a year in jail as well as repercussions from ... Child Protective Services. Defense - Mr. King conducted a complete investigation that showed the defendant to be a loving father that was responding to another emergency in the home when his son walked outside to see the mailman.

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Prominent Local Business Woman Charged with DWI

Traffic Ticket

In people v. R.G. a prominent local business woman was charge with DWI police said she was stopped at a police checkpoint and her blood alcohol content well exceeded the legal limit. Her career was at stake. ... Mr. King was able to negotiate a reduction allowing for a plea to a traffic ticket at the first court appearance and kept the story out of the newspaper by working with the reporter covering the case.

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Petit Larceny

Case Dismissed

Court – Henrietta Town Court. In People v. R.J., the defendant was caught on video by security at a local retail center, apprehended and turned over to police. The defendant admitted to taking various clothing items. Following the arrest, Mr. King conducted his own investigation and found that the defendant was a highly successful local businessman, who had recently begun taking several new medications and had absolutely no prior police contact.

Grand Larceny in the 3rd Degree

Plea to misdemeanor with probation

Court – Penfield Town Court In People v. R.O. the client was accused of allowing co-conspirators to steal property from a retail location where she was employed. Video recovered by the police showed property with a value greater than $3,000 being stolen with R.O.'s help.

Harassment in the Second Degree

Case Dismissed

In people v. L.M - the defendant was charged with Harassment in the Second Degree for telling an on duty police officer he was going to "kick his ass." Mr. King brought a motion to dismiss for defective paperwork, which the prosecutor could not oppose and the case was dismissed.

Predatory Sexual Abuse

Probation and 10 weekends in jail

In people v. W.G. police alleged that a man had sexually abused his daughter. The defendant had made a statement to the police and the child's mother was cooperating against him. The defendant faced 25 years to life in prison.... Mr. King developed a defense of involuntariness. A sleep study showed that the defendant's brain waves were highly irregular during parts of his sleep. A sex abuse evaluation showed the defendant was a low risk to re-offend. Mr. King negotiated a deal with the prosecutor that allowed for monitoring through probation and 10 weekends in jail.

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Petit Larceny

Dismissed

Court – Greece Town Court In People v. XX, the defendant was charged with larceny from a local retailer for stealing various clothing items. Mr. King negotiated a dismissal based on the defendant's age and lack of prior criminal contacts.

Criminal Contempt in the First Degree, Felony

24 hours of community service, no conviction Court – Rochester City Court The defendant had violated a judge's restraining order and physically harmed his girlfriend.

Criminal Possession of a controlled substance in the 3rd Degree

Dismissed

In people v. R.T. the defendant was charged with possessing heroin and cocaine while inside a car in a parking lot. A police officer found the car to be "suspicious" and questioned the defendant, eventually discovering the drugs in his pocket and under the driver's seat. ... Mr. King wrote a 25 page motion challenging the police work, the paperwork submitted to the court, and the approach of the car by the police. The judge agreed with Mr. King's legal position and dismissed the case.

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18 year old Charged with DWI

Acquitted of all charges at trial

In People v. E.Y. the police alleged that a 18 year old was driving a group of friends after leaving a party. He was stopped and admitted to drinking and had an open beer in the cup holder. Under New York law, a conviction ... would mean that he may not get a license until he turned 21. At trial Mr. King cross examined the police witnesses and showed that there were major inconsistencies between the testimony and what actually happened. Mr. King showed that there was potential video evidence that was not preserved by the police. Finally, he showed that the vehicle and traffic law that the officer relied on to stop the car was not applicable to the facts presented by the prosecutor. All charges were dismissed.

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Grand Larceny in the Fourth Degree

Dismissed

In people v. N.L. the defendant was a student accused of taking a generator and car rims from a garage and pawning them for money. There was a video of the defendant pawning the items, but no evidence of him taking the property. Mr. King challenged the proof in the case. The case was dismissed by the Grand Jury.

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Endangering the Welfare of a Child, Reckless Endangerment in the Second Degree

Traffic ticket with $300 fine

In people v. K.S. defendant, a well respected teacher, was charged with allowing his 15 year old daughter to drive his car on a public road with him in the passenger seat. The vehicle allegedly collided with a police car causing ... injuries to the child and police officer. The defendant faced a criminal conviction and would likely lose his job as a teacher if convicted. Mr. King a deal with the district attorney's office that allowed K.S. to keep his job, and support his family, the only result a zero point traffic ticket for allowing an unlicensed operator.

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Criminal Contempt in the First Degree

Case Dismissed

People v. J.G. - Defendant was charged with punching his ex during child exchange, while a Judge's restraining order was in affect. The charge was Criminal Contempt in the First Degree, a class E Felony. In addition... , there was already an Order of Protection in favor of the woman from a prior case and the defendant was on probation. Mr. King was notified immediately upon arrest by J.G., even before he was arraigned by the Judge. Mr. King was able to start his investigation immediately and found a witness that was nearby and signed a statement that there was an argument, but no physical altercation. Based on the quick investigation Mr. King was able to make a strong bail application to the Judge and J.G. was released. Further work by Mr. King's investigator led to a recantation by the woman. The witness statement and second "victim" statement were turned over to the prosecutor. The case was then dismissed by the grand jury.

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Criminal Possession of a Weapon in the Third Degree, Violation of Parole

Misdemeanor and one year in jail

In People v. R.M. the defendant was on parole for Manslaughter in the First Degree. He owed parole 2.5 years. During a search of his home by Parole a gun was found under the bed, as well as other dangerous instruments.... He was charged with Criminal Possession of a Weapon in the Third Degree. He faced a minimum of 5 years and a maximum of 9.5 years, because the law would require parole and a prison sentence be served consecutive, not concurrent, to each other. After conducting a complete investigation a parole hearing was held. Mr. King present photographs and testimony and argued that the gun had been put there by someone else. The judge was convinced and found R.M. guilty of only minor technical violations, which resulted in a one year sentence. Based on the win at the parole hearing Mr. King was able to negotiate a reduction to a misdemeanor on the felony gun charge, and no additional time in prison.

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Predetory Sexual Assault of a Child, class A Felony

Misdemeanor Conviction and Probation

Court - Livingston County Court. In People v. J.S., the defendant was charged with sexually abusing his young stepdaughter on multiple occasions. The defendant had hired another lawyer and was informed that he was looking at a plea offer of 10-15 years in ... New York State Prison, or 25 Years to Life, if he took the case to trial. After being retained, Mr. King challenged the forensic interview techniques used while interviewing the child. In addition, Mr. King's investigation showed that the incident allegedly occurred years earlier, when the alleged victim was only 4 years old. Finally, the investigation showed that the "disclosure" was made on the eve of a family court trial brought by the child's mother. Mr. King challenged the validity of the disclosure and the lack of physical evidence in the case.

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DWI, Vehicular Homicide

Case Date: 02-20-2019

Criminal Possession of a Controlled Substance

Dismissed Case

Date: 02-20-2019

Criminal Sale of Marijuana

Dismissed

People v. J.D - Case Date: 02-20-2019