Assault with a Firearm & Loaded Gun in the Vehicle
The defendant was charged with two counts: Assault with a firearm and a loaded gun in the vehicle. The charges arose out of an incident wherein law enforcement, from a great distance, saw two vehicles engaged in peculiar behavior. When law enforcement responded and made contact with the parties, they concluded that the defendant, and the driver of the vehicle the defendant was in, were the culpable parties. They concluded that the vehicle the defendant was riding in had run the other vehicle off the road and that the defendant had obtained a firearm and pointed it at the occupants of the other vehicle. The case was dismissed shortly before trial was to begin.
"This case occurred because of a language barrier and an incredibly poor investigation. My client had been traveling with a friend and they had with them a rifle in the car because they had been hunting. Another vehicle came upon the vehicle my client was a passenger in and became aggressive with them. Ultimately, the other vehicle began ramming my client's vehicle and, in defense, my client retrieved the firearm to stop the assault. When the officers came on scene they prematurely concluded that my client and the driver of his vehicle were in the wrong and, due to my client and his driver being worse English speakers than the other vehicle, never bothered doing any further investigation into the incident. During our investigation we discovered that a number of representations the alleged victim made about the incident could not have occurred and we also discovered a witness that had been talking to the driver of the other vehicle when that driver said "I'm going to ram them." In short, because my client took a strong stance against refusing to plea bargain and we did a thorough investigation the case was dismissed before trial."
Be advised that I never promise a client a particular outcome, details of prior cases should not be taken as an indication that other clients will necessarily see the same results.