Successful Case Analysis

Dismissal at the Grand Jury Level

Client: 20 year-old female college student.

Criminal Charges: CRIMINALLY NEGLIGENT HOMICIDE, in violation of P.L. §125.10, A Class “E” Felony

Result: DISMISSAL OF ALL CRIMINAL CHARGES. No True Bill Returned by the Grand Jury

Facts: The defendant was arrested and charged after a six-month police investigation into an automobile accident, recorded on video, which resulted in a death.

District Attorney’s Initial Position: A post-arrest statement by District Attorney Daniel Donovan, Esq. read in part, “This was a very lengthy and thorough investigation between our office and the [NYPD] Accident Investigation Squad. Based on the law and available evidence, [Criminally Negligent Homicide] is the most appropriate charge.”

My Approach: After being retained in March, 2010, my office began the process that led to the client testifying very effectively in the Grand Jury. After a number of visits to the scene of the accident, meetings with the assigned Deputy Bureau Chief and assigned prosecutor, lead police investigator and my client, she was then extensively prepared to testify successfully in the Grand Jury.

Result: The resulting “No True Bill” was very gratifying, and as a practical matter, saved the client’s promising future. The case was dismissed at the Grand Jury level.

Final Analysis: While this was not an extraordinarily complex matter, it was one requiring careful and effective intervention with the DA’s Office. The goal was to put the client in a position to be fairly treated when she testified in the Grand Jury, and to prepare her to testify in the most effective way possible. Ultimately, a success in all respects.