State v. A.H. - DUI Reduced
A.H. hired Ben to represent him on his DUI charge. A.H. had never been charged with DUI before, but he was facing a yearlong suspension of his driver's license because he refused to take the state-administered breath test. Ben encouraged him to do community service and attend DUI school immediately. A.H. followed Ben's advice, and Ben used this to convince the arresting officer to reduce the charge. A.H. kept his driver's license and avoided a DUI conviction.
State v. A.H. - Domestic Violence Case Dismissed
A.H. was arrested and charged with family violence criminal trespass. This was A.H.'s first lifetime arrest, and he wanted to preserve his clean record. He hired Ben, who helped A.H. get enrolled in a pre-trial diversion program. At the end of the program, the charge against A.H. was dismissed, and the arrest was expunged from his record.
State v. A.H. - Driver's License Saved
A.H. hired Ben after he had pleaded guilty to speeding and the conviction resulted in the suspension of his driver's license for two years. A.H. also had two other speeding cases pending that would have resulted in further suspension of his license. First, Ben convinced the prosecutor in the initial case to vacate the conviction. Then, Ben worked out a deal in the other cases that did not add any additional points to A.H.'s license. A.H. got his license back and is on the road (and hopefully not speeding!).
State v. A.M. - Acquittal on All Charges
A.M. was accused of battery and simple battery. Ben represented A.M. at trial. There, he presented testimony that the alleged victims had set A.M. up and lied to the police about what he had done. A.M. was acquitted of all charges by a jury.
State v. A.N. - DUI Reduced
A.N. was under 21 when he was charged with DUI in a very tough jurisdiction. Ben convinced the prosecutor that the arresting officer had improperly delayed reading A.N. the implied consent warnings, and that the result of his breath test should be excluded. The prosecutor eventually relented, and reduced A.N.'s charge to reckless driving.
State v. B.F. - DUI Charge Dismissed
B.F. was charged with DUI when Ben took over her case. Ben quickly realized that the police officer had charged B.F. with a type of DUI that could not be proven; the police officer had charged her with driving with an unlawful amount of alcohol on her blood, but B.F. had refused to provide a blood, breath or urine sample for the officer. At a bench trial, Ben moved to dismiss the charge based upon a lack of evidence of B.F.'s blood alcohol concentration. The trial judge agreed and dismissed the case.
State v. B.J. - Drug Trafficking Charge Dismissed
B.J. was caught driving a car containing 25 pounds of marijuana. B.J. was a permanent resident and any conviction would have made him subject to deportation. Ben challenged the legality of the stop of the vehicle B.J. was driving. The judge believed it was a close call, but denied the challenge. Ben prepared for trial. Just before trial, B.J.'s co-defendant pleaded guilty. Ben convinced the prosecutor to dismiss the charges against B.J.
State v. C.B. - Acquittal on Serious Sex Charge
C.B. was accused of aggravated sexual battery and sodomy. He was facing a minimum of 25 years in prison without the possibility of parole on the aggravated sexual battery charge. At trial, Ben and his co-counsel attacked the statements of the witnesses and the shoddy investigation done by the police. The jury acquitted C.B. of aggravated sexual battery and a mistrial was declared on the other count.
State v. C.B. - Murder Case Dismissed
C.B. had been convicted of murder, but the Georgia Supreme Court reversed her conviction. Ben was hired to represent C.B. at her retrial. After 6 years in prison, Ben got C.B. released on bond. After several years passed without any new court dates, Ben filed a motion to dismiss based on a violation of C.B.'s constitutional right to a speedy trial. The trial judge agreed and granted the motion.
State v. D.F. - Driver's License Saved
D.F. was cited twice in a two week period of time for driving on a suspended driver's license. D.F. did not know that his license suspended. He hired Ben to represent him. Ben knew that a conviction on either or both of the citations would result in jail time and D.F.'s license being suspended for an extended period of time. Ben showed the prosecution that D.F.'s suspension was based on a series of misunderstandings. The prosecution agreed to reduce to both citations to minor traffic violations, and D.F. avoided any further suspension, jail time or even points on his license.
State v. D.G. - Jail Time Avoided in Multi-Count Burglary Case
D.G. was arrested for the first time in his life and charged with seven counts of residential burglary. He had been breaking in to people's homes looking for drugs to support his habit. Ben took over his case and was met by a prosecution that insisted upon D.G. going to prison. Ben rejected the prosecution's plea offer and entered into a non-negotiated guilty plea. He then convinced the trial court judge that drug rehabilitation and probation, and not prison, was the appropriate sanction for D.G. D.G. was sentenced as a first offender, meaning that he is not a convicted felon.
State v. D.K. - Aggravated Assault Dismissed
D.K. was charged with aggravated assault and facing revocation of his first offender sentence based on the new charge. Ben convinced the magistrate judge at D.K.'s probable cause hearing that the evidence did not support an aggravated assault judge. The case was dismissed and D.K. retained his first offender status.
State v. E.L. - DUI Dismissed
E.L. was facing a 2nd DUI charge in the past five years. She was facing jail time and an extensive suspension of her driver's license. Ben was prepared to present expert testimony that the level of marijuana in E.L.'s blood was inconclusive as to whether she was intoxicated at the time. The prosecutor agreed to dismiss the DUI charge.
State v. E.L. - DUI Dismissed
A different E.L. than the one above, Ben filed a motion to suppress challenging the legality of the stop of E.L.'s vehicle, which had resulted in E.L.'s second lifetime DUI arrest. The trial court agreed with Ben and the State was forced to dismiss the case.
State v. G.G. - Acquittal on All Charges
G.G.'s ex-wife accused him of family violence battery and family violence simple battery. Ben represented G.G. at trial and convinced the jury that G.G.'s ex-wife had fabricated the charges. G.G. was acquitted on all counts.
State v. G.T. - Acquittal on All Charges
G.T. was charged with some of the most serious charges under Georgia law: kidnapping, aggravated battery, aggravated assault, aggravated stalking, false imprisonment, and burglary. Ben and his co-counsel represented G.T. at his jury trial. By exposing major holes in both the stories of the prosecution's witnesses and the investigation of the police, they convinced the jury to acquit G.T. of all charges. After serving 14 months in jail, G.T. was released.
State v. J.D. - Aggravated Assault Reduced to Misdemeanor
J.D. was charged with two counts of aggravated assault for allegedly threatening two people with a gun. Ben showed the prosecutor that J.D. had been very compliant while under pretrial supervision, passing drug tests, working a steady job and staying out of trouble. The prosecutor agreed to reduce both counts to the misdemeanor offense of pointing a pistol at another. J.D. was sentenced under the first offender act to 24 months of probation.
State v. J.M. - Multi-Count Burglary Case Dismissed
J.M. was charged with numerous counts stemming from several different burglaries. Ben and his co-counsel filed a motion to suppress the evidence against J.M., arguing that his Fourth Amendment rights were violated when the police illegally searched his vehicle. The prosecution agreed and dismissed all charges against J.M., who was released from jail after serving several months.
State v. K.F. - Aggravated Assault Reduced to Misdemeanor
K.F. was arrested and charged with aggravated assault for stabbing her boyfriend. Convinced K.F. was defending herself, Ben filed a motion for immunity. According to the prosecutor assigned the case, Ben did an excellent job of "lawyering" in this case. Ben convinced the prosecutor that the alleged victim was more likely the aggressor in this case. The case was reduced to a misdemeanor and K.F. was sentenced under the first offender act, meaning she will not have a conviction on her record.
State v. K.S. - Acquittal on Traffic Charge
K.S. was charged with causing an accident by failing to yield when turning left. She hired Ben to represent her. After reviewing the citation issued to K.S. by the police officer, Ben quickly realized that the police officer was mistaken. At a bench trial, Ben convinced the trial judge of this, and K.S. was acquitted.
State v. N.A. - Domestic Violence Case Dismissed
N.A. was arrested for the first time in her life after a fight with her long-time husband. She was charged with family violence battery. Because N.A. hoped to adopt a child in the future, keeping her record clean was extremely important to her. N.A. hired Ben to represent her, and he got her accepted into a pre-trial diversion program. After completing all of the conditions of the program, the case against N.A. was dismissed and the arrest was expunged from her record.
State v. M.B. - DUI Reduced Halfway through Trial
M.B. decided to take his DUI case to trial, and Ben subpoenaed numerous witness to testify on M.B.'s behalf. After Ben's blistering cross examination of the arresting officer and the presentation of M.B.'s witnesses, the prosecutor offered to reduce M.B.'s charge to reckless driving. With assurances that M.B. would receive no jail time and that he could plead no lo contendere, and therefore not get any points on his driver's license, M.B. very happily accepted the reduced charge.
State v. O.P. - Domestic Violence Case Dismissed
O.P. was charged with several counts each of family violence battery, family violence simple battery and family violence simple assault. He was also facing a charge of failing to appear, and a bench warrant had been issued for his arrest. He hired Ben to represent him. First, Ben convinced the trial court to lift the bench warrant against O.P. Then, just prior to trial, Ben showed the prosecution that the alleged victim had admitted to entirely fabricating all of the charges against O.P. The prosecution dismissed the entire case against O.P.
State v. P.P. - DUI Acquittal
P.P. was charged with DUI after she struck a police vehicle and attempted to flee the scene. Ben represented P.P. at her bench trial. Despite testimony from police officers that P.P.'s behavior was consistent with the use of methamphetamines, Ben presented evidence that P.P.'s behavior was instead due to her diagnosed anxiety disorder. The trial judge agreed and P.P. was acquitted of DUI.
State v. R.K. - DUI Charge Reduced
R.K. was arrested for the first time in his life and charged with DUI. R.K. needed to preserve his driving privileges so that he could get to and from work. R.K. hired Ben, who believed after reviewing the police report that the police officer lacked probable cause to arrest R.K. for DUI. Ben convinced the prosecution of this, and R.K.'s charge was reduced to reckless driving.
State v. T.D. - Reduced Sentence Secured
T.D. had been convicted of felony drug possession. He was serving 15 years in prison without the possibility of parole when Ben took over his case. Ben filed a motion for new trial, arguing that both the trial court and T.D.'s trial lawyer had violated T.D.'s constitutional rights. The prosecution and the trial court agreed, and T.D.'s conviction was reversed. Ben successfully negotiated a new sentence for T.D. of eight years to serve with the possibility of parole. T.D. is scheduled to be released from prison after serving four years.
State v. T.D. - Felony Reduced to Misdemeanor
T.D. was just 18 years old when he was accused of committing aggravated assault. He was facing 20 years in prison when Ben began representing him. Ben convinced the prosecution that the alleged victim's credibility was questionable. He then negotiated a reduced charge of misdemeanor battery, and T.D. was sentenced to 12 months on probation.
State v. T.M. - Theft Case Dismissed
T.M. was charged with theft by receiving a motor vehicle when Ben took over her case. Since T.M. was in jail, Ben filed a motion for a preliminary hearing. At the hearing, Ben showed both the prosecution and the magistrate judge that insufficient evidence existed to warrant the police officer's arrest of T.M. Both Ben and the prosecutor asked the judge to dismiss the charge against T.M. After almost 30 days in jail, T.M. was released.
State v. T.R. - Driver's License Saved
T.R. was facing jail time and a lengthy suspension of his driver's license based on numerous traffic citations he received in three different jurisdictions, including several counts of driving on a suspended driver's license. T.R. hired Ben to represent him in each case. First, Ben helped T.R. get his license back. Then, one by one, Ben negotiated deals for T.R. wherein the most serious charges were reduced or dismissed, jail time was avoided and T.R.'s driving privileges were preserved.
State v. V.M. - Dismissal of DUI Charge
V.M. was facing trial for DUI when Ben took over his case. After viewing the police video of the stop of V.M.'s car, Ben filed a motion to suppress. He argued that the stop of V.M.'s car was unconstitutional and illegal. The prosecution agreed and dismissed V.M.'s case.
State v. V.M. - Acquitted of Forgery
V.M. was charged with forgery and was facing 10 years in prison without parole. V.M. was innocent and Ben represented him at trial. Ben convinced the jury that there was no evidence to support the charge. V.M. was acquitted and went home after having spent the previous six months in jail.
State v. W.D - Dismissal of Fraud Charges
After securing a new trial for W.D. following his conviction for financial transaction card fraud, Ben hired an expert in photography to analyze the surveillance footage that captured the crime. Ben's expert determined that the perpetrator was at least 6 inches shorter than W.D. The prosecution dismissed the case.