As much as the attorneys at Mays Law Office relish achieving a win in a good old-fashioned dogfight in the courtroom, it is often determined and calculated advocacy outside the courtroom that is the best and sometimes only path to success. Some of Attorney John Orth’s recent accomplishments illustrate this truth.
While on probation for 10 counts of theft and robbery, R.A. was arrested for 14 additional counts of criminal charges, primarily theft and drug possession. She was confined to jail on a probation hold and proceedings to revoke her probation were initiated. Both episodes were clearly motivated by R.A.’s addiction. Despite the severity of both the original and new charges, Attorney Orth was able to persuade both her probation agent and the prosecuting attorney that the inadequacy of her previous treatment plan was the root cause of reoffending. After helping her to secure placement at a long-term treatment facility, Attorney Orth was able to avoid the revocation of her probation and secure a disposition on the new charges that avoided any further reincarceration.
F.J. was charged with felony stalking based on repeated threats of physical harm to a roommate. While in jail, F.J.’s former guardian contacted Attorney Orth to defend F.J. Upon digging into the circumstances surrounding his case and meeting with him, it became evident that F.J., a young man with no prior criminal record who had endured a tremendously tragic childhood, was in the midst of a mental health crisis. Attorney Orth’s first priority was to ensure that F.J.’s mental health needs were met. Once F.J. was stabilized, Attorney Orth was able to quickly convince the prosecuting attorney that F.J. had no criminal intentions and that he simply needed help. Within two weeks of F.J. being charged, Attorney Orth was able get the charge reduced from a felony to a misdemeanor and secure a disposition that would result in F.J.’s record being expunged upon completion of two years of probation.
R.E. was out for dinner with a relative and unbeknownst to him, law enforcement was in the process of searching his car in the restaurant parking lot under dubious pretenses. The search resulted in the confiscation of a firearm (lawfully owned by R.E.) and a substantial quantity of suspected marijuana. He was arrested and charged with possession of THC with intent to deliver, a Class I Felony. Between the questionable grounds for searching the vehicle in the first place and strong evidence that R.E. had no connection to or even knowledge of the contraband seized from his vehicle, Attorney Orth had no doubt that he would be able to secure dismissal of the charge, whether through pre-trial litigation, or if need be, through a not guilty verdict at trial. However, for an upstanding young man like R.E., justice delayed would be justice denied and Attorney Orth was determined that R.E. not be subjected to legal meat grinder that the criminal justice system can often be. By opening the channels of communication with the District Attorney’s Office before R.E. had even had a bail hearing and vigorously advocating on behalf of R.E., Attorney Orth was able to get the case against R.E. dismissed outright within a mere seven days of it being filed.
S.R. was charged with criminal disorderly conduct, unlawful use of a telephone and harassment stemming from a bitter dispute with the staff of a healthcare facility in which his wife was a patient. While the healthcare facility staff was adamant that S.R. be prosecuted for his actions, Attorney Orth was able to successfully portray the altercations as uncharacteristic outbursts caused by the unique circumstances of dealing with the stresses of his wife’s illness and all charges against S.R. were dismissed outright.
D.B. was charged with two criminal counts of disorderly conduct as acts of domestic abuse after his wife contacted police and alleged that he had engaged in threatening and abusive conduct towards her and the elder of their two sons. Being domestic abuse-related offenses, a conviction on either count would result in a lifetime ban on the possession of firearm. In addition to being an avid hunter, D.B. was greatly concerned about how a conviction could impact his prospects of child custody and placement in a parallel family law case. Beyond the criminal charges, D.B.s wife filed a petition for a domestic abuse injunction to prohibit her from having further contact with her and barring him from returning to his home. While previous counsel was unable to prevent the injunction from being granted, Attorney Orth was able to turn the testimony of D.B.’s wife at the injunction hearing against her. Pointing to inconsistencies between her statements to police, her testimony at the hearing, and her statements in her injunction petition, coupled with statements from other family members gathered by a privately retained independent investigator, Attorney Orth was able to convince the prosecuting attorney that the State would be unable to secure a criminal conviction. The charges were reduced to a single non-criminal, non-domestic civil ticket for a nominal monetary forfeiture.
Client N.B. turned to our office with serious drug charges including maintaining a drug trafficking place and possession of cocaine. Her arrest was the culmination of an investigation including dozens of controlled drug purchases at her place of business by confidential informants working under the supervision of the U.S. Drug Enforcement Agency and local law enforcement. Moreover, cocaine was found on her person when she was booked into jail. While N.B. was lawfully residing in the U.S., she was not a citizen and potentially subject to deportation. And any federally recognized drug conviction is grounds for deportation. Given the extent of incriminating evidence, the prospect of running the table with not guilty verdicts at trial would be unlikely at best. However, working with investigators Attorney Orth was able to substantiate that N.B. was in fact trapped against her will in a toxic relationship with a manipulative and violent drug dealer who was forcing her to allow him to use her place of business as a front for his criminal activity. Attorney Orth was then able to persuade the prosecuting attorney to drop all criminal charges against N.B. and instead simply issue her a non-criminal ticket, little more than a warning, thus avoiding any criminal record or danger of deportation.