Complete dismissals in criminal cases are more uncommon than you might expect. Even in circumstances where it seems evident that a person has been wrongfully accused or that there is little to no evidence to support criminal charges, prosecutors are reluctant to dismiss a case outright. When cases are dismissed, prior to trial, it is generally because of aggressive and strategic work, by the defense.
Last week, Mulligan Breit had a protection order violation case in Arapahoe County dismissed, in its entirety, the morning of trial. This dismissal came about as the result of intense pre-trial litigation and a thorough investigation by the defense. While the prosecution would not have dismissed this case on its own volition, through litigation and results of Mulligan Breit’s investigation, the prosecutor came to the conclusion that there was little likelihood of a conviction at trial and reluctantly dismissed the case.
In February 2016, Marshall Breit had a felony assault on a peace officer case dismissed in its entirety. Client was charged with assaulting three police officers. If convicted, client was facing significant, mandatory prison time. We conducted an extensive investigation. Our investigation revealed that not only did client not commit the assaults that he was charged with, worse yet, there was evidence to suggest that the law enforcement agency involved cut corners and destroyed evidence that was favorable to our client. Marshall Breit filed a Motion to Dismiss based on the destruction of evidence issue. Two days later, before the Court held a hearing on the matter, the District Attorney dismissed the entire case.
Mulligan Breit, LLC has a long and proven history of getting cases dismissed. Marshall Breit and Patrick Mulligan have over 30 years of experience in deconstructing criminal cases which results in dismissals. Dismissals do not happen on their own or necessarily because it is the right thing to happen. Dismissals happen because of aggressive and strategic work by the defense.