Client was charged with felony stalking in violation of a restraining order. Client maintained that he was never properly served with the restraining order, and stated that his ex-wife was lying in order to gain advantage during divorce proceedings. The District Attorney’s Office adopted a hardline approach, and wanted to send client to jail for 1-year along with a 10 year no contact order, mandatory domestic violence classes, and GPS monitoring. After fighting the case for many months, and getting nowhere with his court appointed lawyer, client hired Mr. Friedman.
The volume of evidence in this case was enormous. It encompassed 1000’s of pages of text message, email, and telephone data. Mr. Friedman painstakingly went through each line of communications, and discovered that the text messages directly disclosed from the alleged victim did not always match up with what officers personally downloaded from her phone . In essence, there were two copies of phone records 1) what the alleged victim chose to share with the police, and then 2) what the police obtained on their own, directly from her telephone.
Rather than disclose this falsification to the District Attorney, Mr. Friedman strategically waited for the case to proceed to preliminary hearing. There, he set the trap and confronted the witness about the discrepancies, catching her completely off guard! This proved beyond a shadow of a doubt that this so-called victim was not only an uncontroverted liar, but someone who deliberately falsified evidence!
District Attorney dismissed the stalking in violation of a restraining order felony, and the related witness intimidation felony. Big win for the defense!