Note: Past results are no guaranty of future success.
Suppession of Evidence
I successfully litigated the suppression of two firearms recovered from a vehicle. Acting on a hunch, the police followed and detained my client's car, and then stopped him for an alleged traffic infraction. The police then asked the client if he had a gun in his car; and, the client said that he did. I argued that the rule of People v. Diaz controlled the encounter; and, that the police did not have sufficient cause even to ask the client that question. The Court agreed and all of the evidence - the gun and the client's answer to the question - were suppressed.
Client found not guilty by a jury even after his fingerprints were found at the scene of the crime.
I obtained the dismissal of all felony charges and obtained a plea deal to Disorderly Conduct, a violation - the equivalent of a traffic infraction, for an off duty Civilian Employee of the Police Department who was accused of forcing an Undercover Police Officer to smoke crack during a drug buy.
Based upon the many inconsistencies in the police reports and arrest procedure, I was convinced the undercover officer was setting the stage for what he believed would be a positive drug test - undercover officers are given random drug tests. I believed the client's arrest was a cover-up by the undercover police officer who may have ingested cocaine while off-duty in a social setting. By accusing the client of forcing him to ingest cocaine during a buy & bust operation that had gone awry, the undercover officer could provide a legitimate explanation of how cocaine got into his system. As it turned out, the client was also a member of the NYPD - a civilian employee - and his arrest triggered an Internal Affairs Investigation that yielded even more inconsistencies.
On the morning jury selection was to begin the prosecutor agreed to a non-criminal plea deal to Disorderly Conduct. The client did not serve a day in jail and after one year, all record of the arrest was sealed.
Gang Assault Charges
The client was acquitted of all charges in connection with gang assault of another man who suffered fractured ankle that required surgical fixation. I was able to tie the testimony of the prosecutors own expert witness with that of our eyewitness to show the jury that the highly intoxicated victim had actually caused his own injury and then wrongfully accused his client and three others of assault.
I obtained a Misdemeanor Plea and sentence of community service for woman accused of involvement $400,000.00 mortgage fraud that could have resulted in her going to state prison and being deported from the United States. A conviction to the felony would have exposed the client to mandatory deportation.
I convinced Federal Prosecutors to decline prosecution of client being investigated for involvement in multi-district mortgage fraud scheme. I listened to his story and reviewed his records and was convinced he did nothing wrong. The US Attorney agreed with us.
Assault, Attempted Murder, Homicide
Client was acquitted by a jury of all charges stemming from an episode of consensual sex that turned violent. The accuser was cut on the side of the face with a razor blade by the client in an act of self-defense.
Client cleared of homicide charges following a clash between rival gangs on a train.
Queens man, and reputed member of Bloods street gang, charged with attempted murder and facing 25 years in prison, acquitted of all charges. Tony completely discredited the Prosecutors two cooperating witnesses by proving to the jury that they were the actual shooters. The jury acquitted the client in 15 minutes.
Client acquitted of all charges after being falsely accused of assault by Sanitation Inspector. The jury rendered a verdict in 20 minutes. The client went on to recover a $70,000.00 settlement from the City of New York.
Man accused of assaulting an off-duty police officer acquitted of all charges after trial. The man was originally arrested for felonious assault upon the off-duty officer. I advised the client to testify before the grand jury, which dismissed all felony charges. I defended the client at the trial of the remaining misdemeanor charges and won a full acquittal. The client went on to recover damages against the City of New York.
Sex Offenses and Domestic Violence
My client was accused of sexual abuse of the minor child. I proved to the jury that the charges were spurred on by the childs mother in an effort to win back custody of the child from the father. The client was a close friend of the childs father and was a regular guest at the home. I instinctively took a chance with the primary witness, the child, and during cross-examination, encouraged the child to expand on the testimony he gave during his direct testimony. It became apparent to everyone that the child had been coached by his mother. The jury voted an acquittal of all charges in less than thirty minutes.
Man charged of committing arson and aggravated harassment against his ex-girlfriend at the end of a tempestuous relationship. Prosecutor introduced over 50 voice-mails left by the client implying that he would set fire to her car one being left while the girlfriend was sitting in the DAs Office being interviewed following the defendants arrest. I was able to prove the clients alibi that his 3 prior attorneys refused to investigate, and that the phone calls were nothing more than angry rants. A jury acquitted the client of all charges.
Attorney Discipline and Professional Misconduct
My client, an attorney, was charged with domestic assault was cleared of all charges by grand jury. I investigated the clients version of the events and was able to obtain statements of independent witnesses to substantiate all of the clients claims of self defense. The DAs office discounted all of those witnesses and insisted on a felony plea and 6 months jail. This would have resulted in the lawyer being disbarred and unable to earn a living as a lawyer for the rest of his life. I advised his client to testify before the grand jury, which dismissed the case. The client is back practicing law.
We successfully defended the Pastor of a local parish against false claim of sexual abuse. No criminal charges were ever brought against the client. We went on to represent the client at the Diocesan investigation where he was exonerated of all Canon Law violations and returned to his position as Pastor.
I successfully defended two attorneys against a professional discipline grievance brought on by the client who hired them. The lawyers were hired by the family of an inmate who was unsatisfied with the services of his court-appointed attorney. The client was being held on high bail for otherwise low-level charges because the DA, through press releases, had created the false impression that the client was connected to the mafia. The court appointed lawyer never tried to have bail reduced to a reasonable level thats what the clients were hired to do.
I discovered that defendant had actually double-crossed the two attorneys his family hired. While the two lawyers were trying to obtain his release, the defendant was using his court appointed attorney to negotiate a cooperation agreement with the prosecutor behind their backs. I was able to convince the Grievance Committee that when the defendant worked out his deal with the DA, and the family decided that they didnt need to hire the two lawyers after all. The accused the two lawyers of professional misconduct in an attempt to have the retainer fee refunded. When this chain of events was presented to the Grievance Committee, it dismissed the complaint and the lawyers were never ordered to return any of their fee.
All charges dismissed against a Brooklyn woman accused of insurance and worker's compensation fraud. The client was injured in a work-related accident that resulted in her hand being crushed in a paper-folding machine. The client underwent surgery and was undergoing rehabilitation.
Years after her injury, insurance company investigators obtained video surveillance of the client riding a jet ski on a lake in Upstate New York. A criminal investigation and indictment followed. I conducted my own investigation and obtained medical reports that the insurance company had hidden from the District Attorney. I convinced the District Attorney that the client was, in fact, still disabled, and that the insurance company doctors, who had found the client to be medically disabled for years, altered their diagnosis when they were confronted by the video of the client riding a jet ski; and, to make it look good, concealed medical records from the District Attorney. All charges were dismissed and the client continues to receive her disability coverage.
Past results are not a guarantee of future success.
I try my best.
That's all I can promise.
© 2013 Anthony M. Battisti - All rights reserved.
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