Although the results of actual cases are displayed, Xavier + Associates (formerly Anelli Xavier) cannot represent such results to be indicative of those that may be obtained in any particular case.
Rape in Second Degree Case
Our client was originally charged with two felony counts, rape in the second degree, and criminal sex act in the second degree. The client had some legal and non-legal arguments for why they deserved a disposition that would not result in a felony record. Within weeks of getting the case, we were able to secure an offer that allowed the client to walk away from the case without a criminal record. This allowed our client to continue college and approach the future without the hurdles that a felony sex crime would have caused.
Aggravated Vehicular Homicide Case
This case was charged as a multi-count indictment with the top count being Aggravated Vehicular Homicide, a B felony, punishable by a maximum of 8 1/3 – 25 years in state prison. The original offer on the case was that the client plead guilty to a C felony with a sentence of 4-12 years in state prison. This was negotiated all the way down to an offer of 1-3 years state prison on a D felony prior to trial. This offer was still not what the client needed, as the client had a great professional career and could not afford a felony conviction.
With the help of several members of the team, we took the case all the way to a verdict in front a jury. The verdict resulted in the client being found not guilty of all felonies charged. The client avoided state prison, probation and a felony conviction after trial because our attorney had the skill to see the case all the way through trial to accomplish what many thought was an unattainable result for his client. The client was able to resume their career and move forward in a meaningful way in life.
Personal Injury Case
Our client was arrested for DWI, Leaving the Scene of a Personal Injury Accident, and Failed to Keep Right. It was unclear if our client or his friend was driving. Our client was very concerned as he is in the process of becoming a Corrections Officer and a DWI conviction would make that difficult, if not impossible. Our attorneys discovered our client was in possession of valuable information that could assist the DA’s Office in felony prosecutions. In exchange for our client’s cooperation with all testimony at Grand Jury the DA’s Office dismissed the case in the interests of justice. Our client was left with no criminal record and his career plan of becoming a Corrections Officer intact.
Aggravated DWI Case
Police charged our client with an Aggravated DWI for having an alleged BAC of 0.18, Unlawful Possession of Marihuana, and Drinking Alcohol in a Motor Vehicle. Our client also had an extensive criminal history that included multiple felony convictions which including state prison. By exploring potential issues with the People’s case with the District Attorney, we were able to negotiate a reduction to DWAI, a traffic infraction, and Disorderly Conduct, a noncriminal offense. We also were able to convince the court to impose minimum fines for these offenses.
DWI CDL Case
Our client, a commercial driver with a CDL license, was parked by the side of the road in his truck. He had a passenger that was also a commercial driver who was about to take over driving. Our client had a beer in his hand that he was drinking with his lunch. Despite this explanation, and the testimony of the other driver, officers who arrived on the scene ran our client through field sobriety tests and charged him with DWI in a Commercial Vehicle. This would have cost our client his employment, heavy fines and state surcharges, possible jail time, and would resulted in the loss of his CDL for at least one year.
Our attorneys prepared pre-trial hearings and held a conference with the judge and prosecutor. After Xavier + Associates (formerly Anelli Xavier) attorneys described our client’s case and our potential arguments at trial, the prosecution resolved the case by offering our client a single count of “Parked on Pavement,” a no-point traffic ticket. Our client kept his job, his license, his CDL, and the money he would have had to pay in fines and surcharges.
DWI Refusal Case
Our client was driving home on snow-covered roads when she lost control of her vehicle and slid off the road, striking a snowbank. As a result of the accident she was knocked unconscious. Deputies arrived on the scene and awakened her so that they could conduct a DWI investigation. Despite having been in an accident our client was compelled to perform field sobriety tests and then refused the breathalyzer. She was charged with DWI, Refusal, and several other violations.
Our attorneys pointed out to the prosecution that our client should have been provided medical assistance and not forced to take part in a DWI arrest against herself. The prosecution reduced all charges to a single traffic infraction and our client paid a fine and surcharge. Due to the work of Xavier + Associates (formerly Anelli Xavier) attorneys, the refusal our client was charged with was also dismissed, and the potential loss of her driver’s license for one year was averted.
Felony DWI Case
Client was arrested after an off-duty police officer observed what he believed to be signs of intoxication. Our client had faced DWI charges before in his past, and the prosecution was unwilling to offer anything but 1-3 years in State Prison. Our attorneys reviewed the video tape showing the arrest and the evidence that supported that arrest. A number of weaknesses and inconsistencies were discovered, and our attorneys used these factors to convince the prosecution to offer a sentence of straight probation. Our client did not serve one day in jail and was able to continue his employment, although the first offer from the prosecution would have had him spending months, if not years, in state prison.
Misdemeanor DWI Case
Our client, who just completed his Master’s Degree and hoped to be a teacher, was stopped for speeding nearly 30 miles per hour over the speed limit. The police discovered our client was driving on a suspended license for unpaid tickets in other courts. The client failed all field sobriety tests, and his .18 breath test resulted in his being charged with Aggravated DWI, three other misdemeanor offenses, and several traffic tickets. Our client feared he would never be able to teach, and that his one mistake would cancel years of higher education and hard work.
Xavier + Associates (formerly Anelli Xavier) attorneys took the client’s case to pre-trial hearings, and after the weaknesses in the prosecution’s case were revealed at those hearings, our client was offered a non-criminal disposition that ensured our client would not have a criminal record and would be able to pursue his goal of teaching.
These are just a few of the cases which we have handled that have resulted in incredible results for our clients. We have spent our careers in criminal law working on cases ranging from gang, guns, drugs, sex crimes, vehicular crimes, and various other areas of the law. It is our passion to help our clients achieve their goals and remove as many hurdles as possible to allow them to have a great and productive future. If you find yourself in this situation, we’d like to sit down with you and figure out a plan to help you.