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Notable Court Victories

Bart Kaspero Law > Attorney Profile > Notable Court Victories

Case Dismissed Against Nail Shop owner accused of Rape After being arrested, charged, and brought to the eve of trial, the District Attorney’s office formally dismissed the charges against a nail shop owner who was accused of raping one of his customers in the store bathroom during normal business hours.

 

After the client had posted bail, Kaspero was retained to defend him against the charges in criminal court. Seasoned investigators, contracted to work with the firm, began maneuvering tirelessly on the case. Interviews began to turn up more information about the day of the allegation and Kaspero prepared the defense accordingly.Within just a few short weeks, Kaspero announced that he was ready for trial in the Superior Court master calendar. Before being assigned to a judge that would oversee the trial, the assigned deputy District Attorney informed the court that the DA’s office will not go through with the trial. All charges were dismissed. The client was released from his bail bond and went home.*The following should be noted. In a case as serious as this, the lead prosecutor and defense counsel kept a very open line of communication during the investigation of the facts as the trial approached. This relationship streamlined a great deal of the evidence that brought to light the client’s innocence. Not all cases receive this kind of attention and it is usually a matter of discretion for the trial lawyer to keep the prosecution updated on critical evidence that may prevent the need to litigate before a jury. Therefore, it should be stressed that there are Deputy District Attorneys in every county that go beyond the call of duty to do the right thing and exercise sound prosecutorial judgment. This happens to be a clear example of the highest level of professionalism and integrity in the face of a most serious of accusations.

 

Father charged with Allegedly Burning Son’s Hand with lighter found Not Guilty

Allegedly to discipline his son, a man was charged with Child Abuse and Great Bodily Injury for causing second degree burns to his 7-year old son’s hand with a lighter. After the incident, the child reported the injury to his mother who in turn contacted police to report the incident. With the burn still fresh, photos were taken of the injury and the child was interviewed. The father was then arrested for the acts alleged and charged with Felony Child Abuse with an enhancement of great bodily injury.

 

Kaspero represented the father in the trial that lasted approximately seven (7) days. Officers, investigators, child protective services employees, the child’s mother, and the victim-child all testified in trial regarding the alleged abuse of the father.

 

Kaspero presented a multi-layered defense that questioned the source of the allegation, all surrounding circumstances brought doubt into the act itself, and all of the reasons that such an act was fabricated in order to gain an unfair advantage over the client in personal matters of the family.

 

After a day and a half of deliberating, the jury chose unanimously to acquit the client of all charges. Facing several years in prison as well as possible deportation, the client was reunited with his family and was allowed to leave moments after the verdict.

 

Accomplice to Armed Robbery found Not Guilty by Jury

Client was charged with being an accomplice to a violent robbery of a store was brought to trial under the theory of “aiding and abetting” the robbery, along with burglary as a lesser-included offense.

 

Five days of litigation included Kaspero cross examining five (5) witnesses that were present during the robbery and who witnessed the alleged escape of the culprits. The jury was given instructions on the crime and listened to the closing arguments. Kaspero asked the panel to vote not guilty for the charges against his client. After a day of deliberation of the facts and arguments, the jury foreperson announced that all 12 jurors unanimously voted for verdicts of Not Guilty on both charges of Robbery and Burglary. Facing many years in prison if convicted, the client was allowed to leave moments after hearing the verdicts.

 

No case filing for Man accused of Assault caught on Tape

Allegations were made against a man that he approached another man in a bar and broke a beer bottle over his head while video cameras caught the act on tape. After the victim made statements to the police, a search for the suspect followed almost immediately.

 

The client was contacted by his family members that they were being visited by the police department looking for him—allegedly for the incident that occurred at the bar. The client called Kaspero to represent him, and the defense began working on the case.

 

Due to the potential warrant for arrest, Kaspero brought the client into the police department with the defense investigators on call for support. A formal interview had begun, and inquiries were made on both sides. No arrest had resulted after the completion of the interview. And after submitting the case to the District Attorney’s office for prosecution, the case was rejected for filing and no formal charges were made.

 

Case Dismissed against Bar Owner accused of “peeping” on female employees

Two females had alleged to have been “peeped-on” by their employer while in the bathroom of his business. Both described in great detail the alleged acts and reported their separate experiences to the police. Shortly afterward, the officers made contact with the employer to investigate the case, and brought formal charges against him in the Superior Court. Kaspero was hired to represent the client immediately after charges were filed.

 

Kaspero prepared for the jury trial while simultaneously sending investigators to gather more evidence. Trial documents, witness interviews, and exhibits were prepared early for submittal to the District Attorney to prevent any delay in proceeding with the trial. Efforts were focused primarily to bring to light more information about the incident for the District Attorney’s office to review.

 

On the day scheduled to begin jury selection, Kaspero announced ready to proceed. The deputy DA informed the court the case will be dismissed with all charges to be dropped.

 

Nursing Student Found Not Guilty of Shooting at a Vehicle & Allegedly Hiding Evidence

A young nursing student was alleged to have purchased two firearms within a five month time span in order to assist her fiancé to plan an assault against two women that were harassing her. Due to her occupation, she risked losing her training license and the possibility of never being able to become a nurse due to the charges against her. The prosecution’s theory of the assault was largely based on an ongoing feud that centered around a love triangle between the witnesses and defendant. The client was brought to trial on the theories that she aided and abetted the assault with a firearm against two other women in a car during the midnight hours of a cold December evening. After a three-week long jury trial, with over a dozen witnesses that included eye-witnesses and experts on both sides, she was found not guilty by a unanimous verdict and was free to leave that day.

 

Hit & Run Dismissed at Eve of Jury Trial

A young man was alleged to have rear-ended another driver on a busy intersection of the city and fled the scene. The victim-driver was able to identify the man’s vehicle and the distinct vanity plates attached to it. Police were notified and arrested the man for Hit & Run days afterward.

 

The firm was retained to represent the client accused of the Hit and Run for trial. Kaspero worked tirelessly to investigate the crime scene, the persons involved (such as witnesses and the alleged victims), the actual vehicles, video surveillance, witness statements, as well as the police department’s own investigation of the case.

 

On the day of trial, with the client beside him, Kaspero announced ready to proceed. The Deputy District Attorney assigned to try the case dropped all charges and dismissed the case.

 

Woman Charged with Grand Theft of Groceries found Not Guilty

A young mother was arrested from a major grocery retail store under the suspicion that she attempted to leave the store with a cart full of items without paying. The clerk who had called the police claimed that she had observed her fill the cart with various items without regard to their prices and eventually roll past the automatic doors without first going through any cashier stands. The woman was eventually charged with Grand Theft and Second Degree Commercial Burglary.

 

The trial centered on the cashier who had observed the client prior to calling the police as well as the client herself, who had chose to testify on her own behalf. After two days of deliberation, the jury chose to acquit the woman of her charge of grand theft and deadlocked on the burglary charge—avoiding a criminal conviction.

 

Delivery Driver charged with Selling Methamphetamine found Not Guilty

A young delivery store driver was arrested in his home where his parents and siblings lived with him. The undercover narcotics task force alleged that the house was under surveillance for possible drug activity and that police units had positively identified drug sale transactions take place at the residence with the young man’s involvement.

 

Police obtained a search warrant for the home where they had ultimately found methamphetamine in three separate locations along with large sums of currency in small denominations.

 

Kaspero, as the young man’s trial attorney, questioned the diligence of the undercover investigation and found large gaps in the conclusions the task force had made about what they observed. These same findings were revealed to the jury during trial causing a great deal of doubt as to the young man’s involvement in the matter. After one full day of deliberation, the jury found the young man not guilty of all charges and he was free to leave that very day.

 

Jury Deadlocked on Man Accused of Robbing a Passerby at Knife-Point

At the time the client was homeless, he was arrested for PC 211 Robbery with the use of a knife against a patron he crossed paths with on the street one early morning. The client claimed he was merely panhandling while the victim claimed it was a clear theft by force. Once having become involved in the man’s case, Kaspero went deep into the client’s psychological background as well as the specific statements given by the victim to police that early morning.

 

By the time the case went to trial, Kaspero confronted the information given by the victim to police and revealed that his observations were highly biased and outright false. The trial also turned on the mental state of the client at the time of the event in order to judge whether or not there was any aggressive intent or desire to steal. The jurors virtually acquitted the young man with a 11 to 1 vote for not guilty, which unfortunately resulted in a deadlock (hung jury). Had the man been convicted, he could have spent a total of 12 years in state prison for the alleged offense. Instead, an agreement was made to the benefit of the client that resulted in his release from jail with supervised probation.

 

Young Man Brought to Trial for Speed Racing found Not Guilty by Jury

In the late hours of one particular night in the city, a young man was arrested for allegedly racing another vehicle at a high rate of speed. The officer claimed he had observed two sport-like vehicles travelling down a narrow street at high velocity—which equates to the offense of a Speed Contest (aka: “Street Race”).

 

The car that the young man was driving was found to be illegally modified so as to increase speed and acceleration, which is a common factor in assessing speed contest like vehicles. Upon questioning by police, the young man “confessed” to have been racing the other driver.

 

At trial, Kaspero questioned the “confession” that was given by the young man while he was questioned. This was done by playing back a recording of the interview of that night to the jury while at the same time cross-examining the arresting officer. What had been revealed was the interrogation-like environment of the interview created the appearance of a confession when in fact reasonable persons could disagree on what had actually happened.

 

The jury deliberated for two and a half days until they unanimously decided to vote not guilty.

 

DISCLAIMER: THE CASES ABOVE ARE REAL RESULTS OBTAINED FOR ACTUAL CLIENTS OF MR. KASPERO. HOWEVER, INDIVIDUAL RESULTS WILL VARY FOR ALL PERSONS BASED ON DIFFERENCES IN THE FACTS OF EACH PARTICULAR CASE, THE VARIOUS CRIMINAL HISTORIES OF EACH CLIENT, AS WELL AS WHICH JURISDICTION (COURT SYSTEM) THE CLIENT FINDS THEMSELVES IN. THEREFORE, THE RESULTS POSTED ON THIS SITE ARE INTENDED TO BE SHOWN FOR NOTABLE CASE NEGOTIATIONS AND/OR TRIAL VICTORIES. THE RESULTS POSTED ON THIS SITE IN NO WAY GUARANTEE THAT FUTURE, CURRENT, OR ANY FORMER CLIENTS WILL (HAVE) OR ARE EXPECTED TO RECEIVE (OR RECEIVED) IDENTICAL OR SIMILAR ACHIEVEMENTS.

 

Negotiated Plea Agreements

In cases where it would not benefit the client to challenge the charges in front of a jury or to expose themselves to a higher sentence after conviction, there usually is some form of agreement between the District Attorney Deputy and the defense lawyer. Below are some of the more notable cases where the clients received extraordinary results:

  • A marine was charged with aggravated assault with a deadly weapon with gang enhancements due to the other persons involved. The DA offer on the case stood firm at 6 years state prison. Final disposition: 120 days house arrest without gang charges.
  • Restaurant chef charged with two DUI’s within one month of each other. Final Disposition: client pleads to one DUI case with the other being dismissed.
  • A college student is charged with felony transportation and intent to sell Marijuana. DA’s initial offer was one month of local jail to go along with the felony charges. Final Disposition: client obtains misdemeanor with no jail time.
  • A graduate student and Federal government employee charged with Felony Criminal Threats. Final Disposition: community service with house arrest, misdemeanor charge to replace felony, and full dismissal after 6 months of the guilty plea.
  • Postal employee is charged with counterfeiting a State Government Seal and false impersonation of documents. Final Disposition: Formal charges not filed.
  • College student charged with Robbery (felony strike offense) and Grand Theft. DA offers three years state prison with Strike Charge. Final Disposition: Client receives 2 years prison with no Strike.
  • Airforce reserve employee charged with felony commercial burglary. Final Disposition: shoplifting infraction with no probation and no jail.
  • Business owner charged with Battery and Disturbing the Peace. Final Disposition: Case dismissed.
  • Computer programmer charged with battery and resisting arrest. Final Disposition: Case dismissed.
  • Business woman charged with criminal threats and stalking. The accuser filed a restraining order in conjunction with the charges to law enforcement. Final Disposition: Kaspero successfully prevents the restraining order from being granted and charges are never filed.
  • University student charged with Felony commercial burglary and grand theft from a large department store. Final Disposition: Client receives no jail and misdemeanor charge in place of the felony.

 

DISCLAIMER: THE CASES ABOVE ARE REAL RESULTS OBTAINED FOR ACTUAL CLIENTS OF MR. KASPERO. HOWEVER, INDIVIDUAL RESULTS WILL VARY FOR ALL PERSONS BASED ON DIFFERENCES IN THE FACTS OF EACH PARTICULAR CASE, THE VARIOUS CRIMINAL HISTORIES OF EACH CLIENT, AS WELL AS WHICH JURISDICTION (COURT SYSTEM) THE CLIENT FINDS THEMSELVES IN. THEREFORE, THE RESULTS POSTED ON THIS SITE ARE INTENDED TO BE SHOWN FOR NOTABLE CASE NEGOTIATIONS AND/OR TRIAL VICTORIES. THE RESULTS POSTED ON THIS SITE IN NO WAY GUARANTEE THAT FUTURE, CURRENT, OR ANY FORMER CLIENTS WILL (HAVE) OR ARE EXPECTED TO RECEIVE (OR RECEIVED) IDENTICAL OR SIMILAR ACHIEVEMENTS.