Felony homicide case with first degree murder and firearm enhancements

Case Description

Client charged with first-degree murder, conspiracy to commit murder, shooting at/from a motor vehicle, possession of a controlled substance, and tampering with evidence. Faced 70.5 years minimum due to firearm enhancements.

Legal Strategy

The police contacted Client, and he agreed to talk with them (this was before getting an attorney). The client ended up giving a version of the story that didn't look good for him, and parts were easily disproved when the DAs searched through his phone records and GPS records.Our strategy with the case was to push the DAs to see if they could really tie our Client in as the shooter, or even that he had knowledge of the shooting. Based on a thorough review of the evidence and testimony, we determined that the state was unable to prove a lot of their case.

Challenges

There was video evidence that captured the Client's vehicle at the scene where the murder took place. The police searched for the vehicle for a couple of months, eventually obtained a plate number by watching traffic camera footage, and traced the registration back to Client. Due to the allegation of murder, it being a serious violent offense, and the fact that a firearm was used, his minimum sentence was 55.15 years if found guilty.

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Resolution

Through aggressive negotiations, we ended up pleading the case down to a single charge of tampering with evidence (1 count, 3rd degree felony), where Client would serve no jail time, complete 3 years on probation, and upon successful completion can ask for the case to be discharged from his record (meaning he would not be a felon).