PROSECUTORS DISMISS CHARGES AGAINST CLIENT CHARGED WITH AGGRAVATED ASSAULT ON THE EVE OF TRIAL
News, Victories Share
By July 17, 2017 Posted in
A client who had his house burglarized and his ATV stolen from his home was charged with aggravated assault after the thieves alleged that he pulled out a gun on them and threatened to kill them. The incident occurred after the client found out where the person who stole his ATV lived. The client went to the person's house to obtain his tag number to give to the police. Instead, the person and his family were outside the house and saw the client. The family called the police and alleged that the client pulled out a gun on them and threatened to kill them. The police, conducting the barest of an investigation, went out and arrested the client an charged him with aggravated assault with a firearm; a charge that carries a three year minimum mandatory prison sentence.
Immediately after bonding out of jail, the client retained Erick Cruz to represent him and plan out the defense of the case. Erick immediately got to work and began obtain records related to the burglary of the client's house and the theft of his ATV. The reports corroborated the information that the victim's of the aggravated assault, where considered suspects in the burglary of the client's house. Erick also obtained 911 records that proved that the person who called in the stolen recovery of the ATV was a family member of the alleged victims. Finally, Erick obtained phone records from the alleged victim that demonstrated that he was in the immediate vicinity of the client's house when the burglary occurred, but more importantly the cell site data demonstrated that the victim was not present where he said he was when he was threatened by the client. At the deposition of the victim and the family, they were confronted with each inconsistency and they were unable to respond appropriately. Furthermore, they were confronted with the incriminating evidence that demonstrated they were involved in the burglary of the client's house. At trial, the victim and witnesses failed to appear and the prosecutors were forced to dismiss the case against the client.
If you find yourself or a loved one under investigation and facing criminal prosecution call Erick Cruz. The possibility of being arrested and convicted of a crime carries immediate as well as long-term consequences. Put my experience as a former prosecutor and criminal defense attorney to work for you to avoid the consequences and stigma of a criminal arrest or conviction.
At the Law Office of Erick Cruz we are dedicated to representing individuals under criminal investigation or who have been arrested and charged with a crime. Because our office’s exclusive practice focuses on criminal defense in Miami, Erick Cruz has established and maintains a positive working relationship with other defense attorneys, prosecutors and criminal court judges. The exclusive focus on criminal defense allows us to dedicate the time and resources necessary to represent you through a criminal investigation, criminal prosecution or post-conviction matters.