My week has been consumed defending a client who was
arrested on February 20th and charged with felony assault breaking his friend's
leg. According to my client, they were goofing around pushing and shoving
and it escalated to an exchange of punches. The "victim" is a
foot taller and almost 100 pounds heavier. The victim suffered the injury after
the punches were exchanged when he slipped on snow and ice and folded his ankle
breaking his lower leg. It was clear that his fall was not the result of
my client's actions, but his own clumsiness. When I was retained on
Monday, my client was still being held in jail. Although he is in the
United States legally, if convicted, he would undoubtedly be
deported. We decided that he should take a calculated risk and
testify in the grand jury waiving immunity because if he didn't he would
certainly be indicted. He testified for two days about the incident and
that the victim's wife asked for $20,000 to drop the charges. It
appears he even convinced the district attorney that he was telling the
truth. This morning the grand jury voted to dismiss all charges against
him. Monday night he was in jail facing prison time and
deportation. Today he is a free man with his name cleared.
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