Every client has a different definition of what it means to win a criminal case. For some, winning means the entire case is dismissed, either prior to trial or as a result of a not guilty verdict at the conclusion of a trial. For others, winning means a better disposition than anticipated. The outcome of every case depends on the facts of the case and the history of the client. Here are some recent examples of wins that Mr. Gallagher has achieved for clients:
* Client found not guilty by the jury of Child Abuse, thus avoiding a possible 18 month jail sentence. Grand Junction, Mesa County, Colorado.
* DUI case dismissed after a contested motions hearing. The Judge finds no reasonable suspicion for the traffic stop. Client avoids a possible 12 month jail sentence. Rangely, Colorado.
* All evidence excluded at the conclusion of a motions hearing in a DUI case. The Court rules that there is not reasonable suspicion for the stop. Grand Junction, Colorado.
* The Prosecutor moves to dismiss a felony level Criminal Mischief/ Domestic Violence case which was set to proceed to jury trial. Mr. Gallagher convinced the Prosecutor that the case was not provable after reviewing extensive investigation including cellular telephone site location information. Client was facing a possible 12 years in prison. Durango, Colorado. Update: the Court dismissed the case!
* A Mesa County Prosecutor moves to dismiss all counts in a felony level domestic violence case that was set for a multi-day jury trial. Grand Junction, Colorado.
* Client charged with third lifetime alcohol related driving offense (DUI). The Court excludes the refusal to take a chemical test and some roadside test evidence after a motions hearing. Client ultimately pleads to one count of careless driving and receives a $150 fine instead of the mandatory jail that he had been facing. Rangely, Colorado.
* The Prosecutor moves to dismiss a domestic violence case which was set for trial the following week. Grand Junction, Colorado.
* The Prosecutor moves to dismiss a DUI with a blood test result of .336. Client pleads to one count of reckless driving thus avoiding the mandatory incarceration and DUI conviction. Grand Junction, Colorado.
* All charges dismissed in a domestic violence case one week before the matter was set to proceed to trial! Grand Junction, Colorado.
*Thursday: Client pleads guilty to reckless driving in a repeat DUI situation with an accident into a building thus avoiding all incarceration. Grand Junction, Colorado. Friday: The Court suppresses all evidence in a significant drug possession/ distribution case after a motion's hearing on whether the seizure and search were constitutional. Grand Junction, Colorado.
* The Court dismisses a significant drug case in which all evidence was previously suppressed. Grand Junction, Colorado.
* The Prosecutor dismisses a domestic violence case which was initially investigated as a potential sexual assault after Mr. Gallagher convinces him that the case is not provable! Grand Junction, Colorado.
* Vehicular homicide charged dismissed after the successful completion of a deferred judgment and sentence. Grand Junction, Colorado.
* Drug felony dismissed after the Prosecution was convinced that the case could not be proven beyond a reasonable doubt. Grand Junction, Colorado.
* Two counts deferred and the remainder dismissed for a man accused of resisting arrest, use of narcotics and other law violations. Grand Junction, Colorado.
This does not constitute a guarantee, warranty or prediction regarding the outcome of your legal matter.
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