Wednesday, March 20, 2013

Case Studies

A Few Examples of Past Results*
*NOTICE: past performance does not predict or guarantee future results

CHARGES: By way of County Court Indictment, Armed Robbery, Grand Larceny, Criminal Possession of a Weapon, DWI
PROCEEDINGS: Defendant stood trial in a County Court, vigorous cross exam by J. John Sebastian of a detective who took a written unsigned alleged confession from the defendant.  A defense of voluntary intoxication raised by J. John Sebastian with defendant testifying in his own behalf.
RESULT: Defendant ACQUITTED by a County Court jury of all felony charges. Convicted of DWI as a misdemeanor, sentanced to 3 years probation by an Acting Supreme Court Justice.


CHARGES:By way of CDWriminal Court Information, dwi I as misdemeanor, Resisting Arrest, Obstructing Governmental Administration
PROCEEDINGS: Defendant stood trial in a Criminal Court, glaring inconsistencies in testimony and questionable police conduct on the night of the incident brought out through cross examination by J. JohnSebastian. No defense witnesses called.
RESULT: Defendant was ACQUITTED of all charges by a Criminal Court Judge.



CHARGES: By way of District Court Information, Patronizing a Prostitute
PROCEEDINGS: Prosecution consented to defense motion to adjourn for six months and dismiss the matter per 170.55 CPL.
RESULT: Motion to adjourn and DISMISS GRANTED by a District Court Judge.



CHARGES: By way of County Court Indictment, Attempted Murder, Assualt with a Deadly Weapon, Criminal Possession of a Weapon
PROCEEDINGS: Defendant stood trial in a County Court, compelling cross exam of complaintant by J. John Sebastian.  Defendant, a disabled vet, testified in his own behalf raising the defense of self defense.
RESULT: Defendant was ACQUITTEDby a County Court Jury of all charges.


CHARGES: By way of Criminal Court Complaint, Driving While Impaired By Drugs, Criminal Possession of a Controlled Substance as a misdemeanor.
PROCEEDINGS: Defense Motion to Dismiss for prosecution's failure to timely convert misdemeanor complaints to misdemeanor informations.
RESULT: Defense Motion to DISMISS  GRANTED by a Criminal Court Judge.


CHARGES: By way of District Court Felony Complaint;DWI a a Felony
PROCEEDINGS:Plea offer of  AS CHARGED with DA  recommendation for 5 years probation and no jail, plea offer with mandatory license revocation; rejected by defense, case presented to a County Grand Jury.
RESULT: A County Grand Jury found "NO TRUE BILL" case DISMISSED.



CHARGES: By way of County Court Indictment, DWI as a Felony, Criminal Mischief as a Felony,  and Leaving The Scene of an Accident
PROCEEDINGS: J. John Sebastian filed a pre trial motion to inspect the grand jury minutes and to reduce or dismiss all of the charges contained in the indictment.
RESULT:Motion GRANTED, all charges DISMISSED by a County Court Judge.

No comments:

Post a Comment

Note: Only a member of this blog may post a comment.