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Personal Injury Case Results
- Wrongful death of pedestrian $395,000. Recovered policy limits against responsible driver and additional $125,000 in loss of consortium claim for decedent’s adult daughter.
- Slip and fall on ice in parking lot. Using experts, obtained $175,000 settlement for client with head injury.
- Worker paralyzed in work accident. Obtained $600,000 settlement plus $1Million in structured settlement for future medical expenses.
- Client struck cow on highway. Settled for $315,000.
- Drowning death in boating accident leads to over $200,000 settlement for victim’s estate.
- Medical negligence settlement against radiologist. $125,000
- Rear end auto collision with neck injuries. Settled for $95,000.
- Recovered over $150,000 for injured passenger under family’s uninsured motorist policy when negligent driver was family member excluded from liability coverage under the policy.
- Over $650,000 recovered for victim of trucking accident.
- Settled workers compensation claim for employee after employer tried to deny that worker was their employee. $75,000 recovered.
- Recovered policy limits $100,000 for passenger in single vehicle accident.
- $250,000 recovered after insurance company denied liability in head on collision case.
- Over $60,000 recovered for whiplash client with less than $10K in medical treatment bills.
- Recovered $30,000 in case rejected by Hupy & Abrahamson after insurance company denied liability.
- Recovered policy limits from insured driver and underinsured policy carrier for victim of auto-motorcycle accident. $125,000 recovered.
- Recovered wrongful death benefits for surviving parent and estate of teenager killed as passenger in auto collision. $50,000 recovered.
- Recovered over $60,000 for victim traumatized by at fault driver who died in the collision.
Criminal Defense Results
- Father accused of sexually explicit touching by daughter. Charges dismissed after my investigation results were shared with the prosecutor.
- Recovered memory case. The alleged victims believed that they had “recovered” memories of multiple sexual assaults from their childhood. After nearly two years of litigation, involving use of expert witness testimony, depositions of officers and accusers, and aggressive discovery of personal records of the accusers, all charges were dismissed.
- Grandfather falsely accused of sexual abuse by pre-teen grand-daughter. Use of expert witness at trial helped us show the inconsistencies in the accuser’s story, and her motivation to lie. Jury found the client NOT GUILTY.
- Sexual abuse charges filed against adult for alleged crimes committed as a minor–40+ counts. Case transferred to juvenile court, record expunged.
- Charge: Failure to register as sex offender. Charge dismissed with costs taxed to state.
- Charge: Felony charge of armed sexual battery. Client charged with raping teenage daughter with weapon. Defense demonstrated psychiatric and credibility problems of complaining witness. Motions for physical and psychiatric examinations of complaining witness led to negotiated plea of no contest, with three years probation.
- Husband accused of assault after he repelled attack by wife. Jury trial. Not Guilty.
- Assault with intent to inflict serious injury (aggravated misdemeanor). Charge amended to simple misdemeanor assault. Deferred judgment.
- Charge: Assault. Charge amended to disorderly conduct.
- Charges: Assault, Hate Crime, First Degree Burglary and other serious felonies. Deferred judgment. After serving two years supervised probation, client’s criminal record was expunged.
- Charge: Domestic abuse, 3rd offense, class D felony. All charges dismissed.
- Charge: Driving under influence of methamphetamine. Using defense toxicology expert, we presented evidence of improper lab procedures, and potential sample contamination. Jury verdict of NOT GUILTY.
- Charge: OWI, second offense. Filed motion to dismiss based on lack of probable cause for stopping vehicle. Charges amended and client entered guilty plea to reckless driving and public intoxication.
- Charge: OWI 1st offense. Filed motion to suppress DataMaster test result due to officer errors in completing paperwork. Motion granted. Charges dismissed.
- Charges: OWI-2nd, and three counts of child endangerment for having three children in car. Negotiated dismissal of all child endangerment charges with minimum sentence on OWI-2nd plea.
- Charge: OWI-3rd, Class D Felony. Negotiated plea to OWI-2nd to avoid felony conviction.
- Charge: OWI-2nd offense. Reduced to OWI 1st offense.
- Charge: OWI-3rd, Class D Felony. Negotiated plea to OWI-2nd. Sentence 60 days jail with work release privileges, and probation.
- Charge: OWI-1st. Charge of OWI was tried to a jury. Defense demanded that state bring state lab technician to trial for cross-examination relating to DataMaster test result. After jury verdict of guilty, trial judge set aside verdict and dismissed charges due to violation of client’s rights under 6th Amendment confrontation clause.
- Charge: OWI. Dismissed after all evidence suppressed due to illegal stop. Officer claimed client failed to stop at stop sign, but video convinced the judge that the client did stop. Record of arrest expunged.
- False confession case. Felony drug charge. Client initially denied all accusations. After intimidating police interrogation, client gave false confession to crime. Used expert on police interrogation and false confession to testify as to the coercive nature of the interrogation, and a psychologist to evaluate the defendant to determine the defendant’s susceptibility to coercive influences. Experts concluded that confession appeared to be false and that Defendant was susceptible to coercive police influences. Result: Alford plea to reduced charge of serious misdemeanor possession, with 30-day jail sentence.
- Manufacturing methamphetamine. Client was caught red-handed in possession of half-cooked methamphetamine. Jury convicted, but on appeal, conviction was overturned due to violation of client’s speedy trial rights. District Court Judgment REVERSED. CHARGES DISMISSED.
- Charges: Class B felony drug distribution, and carrying weapons. After filing motion to suppress based on illegal stop and illegal search, weapons charge dismissed and drug charged amended to serious misdemeanor. Client received suspended sentence with probation and credit for time served.
- Charge: Class C felony conspiracy to manufacture methamphetamine based on client’s purchase of large quantity of pseudoephedrine. Deferred judgment and probation.
- Charge: Felony drug possession. Amended to serious misdemeanor. Client served 48 hours.
- Charges: Felony drug possession, child endangerment, plus two misdemeanor possession charges. Felony charge amended to serious misdemeanor. Other charges dismissed. Sentence 2 days in county jail.
- Charge: Possession of marijuana. Deferred judgment with probation.
- Charge: Possession of Methamphetamine, 2nd offense, aggravated misdemeanor. Charges dismissed.
- Charges: Client charged with one class B felony drug charge, four class D felony drug charges, plus two aggravated misdemeanor charges of child endangerment and carrying a weapon. Arranged for client to attend inpatient drug program, resulting in reduction of bond from $130,000 cash only to $4,000. After successful drug treatment, negotiated plea to one C felony drug charge, two D felony drug charges, and dismissal of remaining charges. All sentences were suspended and client placed probation.
- Charges: Class C felony drug charge, together with possession charge and 5 year enhancement for alleged distribution near school. Filed motion to suppress due to illegal search. Charge amended to one simple misdemeanor possession of drug paraphernalia. All other charges dismissed. Fine only. No jail sentence.
- Charges: Class C felony methamphetamine manufacturing charged as second offense with triple enhancement. Also charged with class D felony possession of precursor, and child endangerment. After filing of motion to suppress evidence found in illegal search of client’s residence, client pled to felony drug charge without enhancements, with dismissal of precursor and child endangerment charges. Sentence ran concurrent with sentence in another county.
- Charge: Drug possession. Client’s house searched. Warrant application misquoted witnesses and left out key facts. County attorney agreed to dismiss drug charge after motion to suppress filed challenging officer’s inaccurate warrant application.
- Client charged with capital murder 14 years after her husband’s death when new testimony led prosecutor to believe she had killed her husband with arsenic. Our defense revealed weakness in state’s case, and the capital murder charge was resolved by plea bargain resulting in a five-year prison sentence.
- State charged client with capital murder. Client had already been convicted of double homicide in an unrelated murder case and was serving life without parole. After 300 + hours of pretrial investigation, the case was settled on eve of trial. Client avoided electrocution by plea with stipulated sentence to life without parole.
- Charges: Client charged with class A felony kidnapping 1st degree and class B felony sexual abuse 2nd degree. Negotiated plea to one class C felony count of conspiracy to commit a forcible felony, with dismissal of all other charges. Sentence suspended, with probation and credit for time served.
- Client charged with forgery for possession of fake lawful permanent residency card (green card). After deposition of state witnesses, I convinced prosecutor that client had been duped into purchase of green card, thinking he had become lawful resident. Charge amended to serious misdemeanor charge of possession of a fictitious license, or card. Fined $315.00.
- Charges: Felony forgery and 11 counts of harassment. Hired handwriting expert to challenge state’s evidence of forgery. Forgery and 8 harassment charges dismissed. Defendant pled to 3 harassment counts and received suspended sentence with probation.
- Charges: Felony forgery and felony theft. Forgery dismissed and client entered plea to misdemeanor theft. Suspended sentence with unsupervised probation.
- Charge: Shoplifting. Deferred judgment.
- Charge: Client charged with malicious prosecution for allegedly using another person’s name at time of arrest. Charges dismissed.
- Charges: Going armed weapon (knife greater than 8 inches), and false reporting. State filed dismissal of all charges.
- Charge: Class D felony, theft 2nd degree. Upon payment of restitution, charges dismissed.
- Charge: Client was victim of identity theft. Defendant arrested for probation violation. Prior conviction was fraudulent. Real violator was convicted using client’s I.D. Prior OWI conviction overturned and criminal record corrected.
- Charges: Class D felony burglary, accessory to a felony, and theft 3rd degree. Burglary and accessory charges dropped. Client entered plea to serious misdemeanor theft 4th degree. Suspended sentence with probation.
- Charge: Theft 5th degree for alleged stealing of gas. Trial to magistrate. NOT GUILTY.
- Charge: Burglary 3rd, class C felony. Amended to criminal trespass, simple misdemeanor. Time served.
- Charges: Class D felony theft 2nd degree charge and serious misdemeanor domestic abuse charge. Theft charge dismissed. Assault charge amended to simple misdemeanor interference charge. Sentence 30 days, suspended.
- Charge: Illegal carrying of weapon. Charge dismissed.
- Charge: Class D felony theft 2nd degree. Settled for plea to serious misdemeanor theft 4th degree. Suspended sentence.
- Charge: Shoplifting. Client was immigrant on student visa. Conviction or deferred judgment would have resulted in deportation. Obtained plea to simple trespass with fine to save client from deportation.
- Assault and stalking charge. Filed notice of defense of diminished capacity, and sought state funded expert for psychological evaluation and testimony concerning client’s mental condition. District Court denied the request for funds. On interlocutory appeal, Iowa Court of Appeals REVERSED, and ordered that the defense must be provided the requested funds for services of expert witness.
- Conviction overturned on post conviction review. Client’s trial lawyer failed to adequately research the law. Case should have been dismissed for speedy trial violation. Appellate court agreed client’s rights were violated.
- Presently mounting post conviction review challenge to murder conviction based on change in science relating to ballistics examination.
- Client sentenced to ten years after major embezzlement offenses. Successful reconsideration of sentence resulted in suspended sentence after a few months in prison.
Legal disclaimer: No attorney can guaranty results. My record of success in the cases cited above will not guaranty a particular result in your case, and the facts and circumstances of every case are unique.