Almase Law Cases And Results
Auto Burglary Dismissal
Client was charged with multiple counts related to an automobile burglary in Las Vegas Justice Court. Mr. Smith faced a maximum of 11 years in prison if convicted. He had three other co-defendants who allegedly participated in this incident, and although client refused to make a statement to police, one of the other co-defendants said client was involved, along with all the other individuals. This co-defendant’s statement was the chief piece of evidence against him, as there were no credible eyewitnesses and no forensic evidence linking client to the alleged crime.
Caesar argued with the prosecuting attorney assigned this case for a deal where the case would be dismissed with a small fine, or at worst, for a simple misdemeanor plea.
Caesar cited to a United States Supreme Court case that prohibits a prosecutor from using a co-defendant’s statements against a person who didn’t make any statement, the fact that there was virtually no other solid evidence, and that his client had no prior felony convictions. The prosecuting attorney rejected any such negotiations, insisting that client plead guilty to a felony.
As a result, a preliminary hearing was held September 2014. The prosecuting attorney had multiple witnesses testify, including two police officers, the owner of the automobile, and a security guard who was a distance of over 100 yards when the incident occurred. Based on Caesar’s cross-examination and repeated objections that prevented the co-defendant’s statements from being entered into evidence, the Justice Court dismissed all the counts against his client.
DUI Reduced To Reckless Driving
Client was pulled over by North Las Vegas Police for changing lanes without signaling and speeding 5-10 miles over the limit. The officer believed he smelled alcohol on client and ordered him off his motorcycle. Client was polite (as stated in the police report) but refused to perform any of the Field Sobriety Tests. The officer arrested him on suspicion of DUI, based on his driving conduct and smell of alcohol.
Once at the jail, client decided not to submit to a blood alcohol test. The officer, for some unknown reason, requested that another officer apply for a search warrant to forcibly remove blood from client. Although client’s blood alcohol level was above the legal limit, there was a delay in performing the blood test. Client was booked into the jail, spent the night there, and was later charged with DUI 1st Offense.
In Nevada, as in many other states, the police have a certain amount of time to perform a blood alcohol test on a person who is taken into custody and suspected of DUI.
Unless that test is done within two hours of establishing the driver was in physical control of his car, a knowledgeable attorney will argue for the suppression of the blood alcohol test with the court at trial, or use this issue to leverage a better deal from the prosecuting attorney. Client was afraid to go to trial even with a possible suppression of the blood alcohol test; therefore, Caesar focused on negotiation the case. In October 2014, Caesar successfully argued for the DUI to be reduced to a charge of Reckless Driving.
Casino Marker Warrant Quashed And Case Dismissed
Client, an elderly gentleman, ran up a number of casino markers in an amount in excess of $300,000. He went back to New York and made payment arrangements but because of financial hardship, discontinued these payments after a few months. He later filed for business bankruptcy and lost his main source of income. On a flight back into New York, client was booked on the outstanding Nevada bench warrant and would spend the next few days incarcerated.
Client’s son called Caesar while client was being held at Riker’s Island NY, awaiting extradition back to Nevada. Besides minor traffic infractions, client had never been accused of a crime and had never been incarcerated before this incident. Needless to say, client and his family were distraught over the situation.
Caesar immediately went to work and over the course of a few days had resolved the matter. Caesar coordinated with the client’s family and the prosecuting attorney’s office to quash the warrant and client was released a couple of hours before the extradition bus left for that long ride to Nevada. In the months that followed, Caesar was able to reach a resolution where a portion of the money owed to the casino was paid back, and the case was resolved with no charges filed.