ARS 28-1381(A2) DUI above .08 – Not Guilty

Jerry was a business man stopped by the police after his round of golf. He had a couple beers on the front 9 but felt there was no way he was above the limit and felt fine to drive. Burges showed the jury how the police were biased in their investigation and how the lab can get things wrong with the blood analysis. The jury agreed and dismissed the charge. Jerry is still working to improve his putting.

ARS 13-1504 Criminal Trespass (Domestic Violence) – Dismissed

Mark was dating a woman for only a couple weeks when he stopped by her house for a surprise visit. But he was the one who got the surprise. The woman was with another man. In fact, it was the man she told him she left because she was afraid of him. Mark was upset but he didn’t react and just left the house when she told him to go. Then Mark heard screaming and thought she was in danger from this other guy so he ran back into the house. But she was fine and now Mark was facing trespassing charges. Burges negotiated with the prosecutor and got the case dismissed as long as Mark promised to stay away from the woman. That was more than okay with Mark.

ARS 13-1204 Aggravated Assault with a Dangerous Weapon (car) – Significantly Reduced Prison Time

Greg got in a bad accident with his family in the car. Fortunately, nobody was hurt, but it turned out Greg had alcohol in his system. Greg also had old prior felonies from 20 years ago. The prosecutor wanted to throw the book at him and brought 16 charges. The prosecutor got a little too creative with his charging though and tried to charge Greg with Dangerous Crimes Against Children which would mean at least 40 years of prison for Greg. Burges researched the law and showed the prosecutor and the judge a case that ruled such charges couldn’t be brought for a car accident case. The prosecutor eventually gave in and Greg was sentenced to only 6 years.  It’s still a long time for him to be away from his family but at least it isn’t the rest of his life.