Cases Dismissed Before Trial

Read more about recent results in cases dismissed before trial from the attorneys at Brown, Bradshaw & Moffat, LLP in Salt Lake City, Utah. 


Theft

Fourth District Court-Wasatch County (2010)

The defendant was accused of theft of property in Wasatch County connected to the foreclosure of his condominium. Charges against the defendant were dismissed following Brown, Bradshaw & Moffat's investigation and presentation of legal arguments and discovered evidence to the County Attorney.


Retaliating Against Witness & Terroristic Threats

Third District Court-Salt Lake City (2009)

The defendant was charged with making threats and retaliating against a witness. The charges were dismissed prior to the preliminary hearing after extensive investigation and research by Brown, Bradshaw & Moffat persuaded the County Attorney to dismiss the case.


Felony Child Abuse

Third District Court-Salt Lake City (2009)

The defendant was charged with felony child abuse. The charges against the defendant were dismissed prior to trial following the investigation of claims and presentation of evidence to the District Attorney.


Felony Abuse or Neglect of Disabled Child

Third District Court-West Jordan (June 2008)

Brown, Bradshaw & Moffat represented a young female defendant, in conjunction with a co-defendant, who was employed by a troubled youth residential facility. The defendant and co-defendant were criminally charged with a felony offense for the failure, as caretakers, to provide proper care, supervision, or medical care to a teenage boy who died while at the facility. After evidence was presented at the preliminary hearing, Brown, Bradshaw & Moffat argued forcefully to dismiss the case. The District Court agreed, and the case was dismissed for insufficient evidence of a crime.


Theft

Third District Court-West Jordan (2008)

The defendant was charged with second-degree felony theft as a result of claims made by defendant's previous employers. After substantial investigation, Brown, Bradshaw & Moffat convinced the prosecutor that the complaining witnesses were not credible and had fabricated the claims to make good on a threat. The prosecutor dismissed the case.


Hazing

First District Court-Cache County (2008)

A college sorority was charged with hazing, a third-degree felony, in connection with the death of a fraternity pledge due to alcohol poisoning. Charges against the sorority were dismissed by the County Attorney following extensive investigation and research by Brown, Bradshaw & Moffat regarding legal issues related to criminal liability of fraternal organizations.


Distribution/Possession of a Controlled Substance

First District Court-Cache County (2008)

The defendant was charged with distribution and possession of cocaine and giving false information to a police officer in Logan, Utah, based on allegations that he planted cocaine in an effort to frame a local politician. Charges were dismissed by the prosecution following extensive investigation and presentation of findings to the County Attorney.


Negligent Collision With Injuries

Salt Lake City Justice Court (2008)

An on-duty employee of a local public utility company was charged criminally with negligent collision for hitting a bicyclist with a City-owned vehicle. The case was dismissed based upon the urging by Brown, Bradshaw & Moffat that the defendant's conduct was not criminal and did not violate the city ordinance.


Rape and Forcible Sodomy

Third District Court-West Jordan (2007)

The female defendant was charged with rape and sodomy. Charges against the defendant were dismissed by the prosecution prior to trial following further investigation and insight into the alleged victim's claims.


Operation of an Airplane Under the Influence

U.S. District Court-District of Utah (2006)

A pilot was federally charged with operating a commercial plane while under the influence of alcohol. The case was dismissed by the Government for insufficient evidence and after research and information were accumulated by Brown, Bradshaw & Moffat.


Theft of Goods in Interstate Commerce

Salt Lake County (November 2006)

The defendant and his company were charged in federal court with theft of petroleum in a multi-state conspiracy. Charges against the defendants were dismissed before trial following extensive investigation and research by Brown, Bradshaw & Moffat and consultation with the United States Attorney's office.


Forcible Sexual Abuse of a Child

Third District Court-Salt Lake City (2004)

Sexual abuse charges against an LDS bishop were dismissed following an investigation by Brown, Bradshaw & Moffat that revealed the prosecution was barred by the statute of limitations.


Sexual Abuse of a Child

Fourth District Court-Utah County (2003)

The defendant was charged with sexual abuse of a child in Provo, Utah. The case was dismissed by the prosecution at the preliminary hearing when, upon cross-examination by Brown, Bradshaw & Moffat attorneys, it was revealed that the victim was unable to identify the defendant or verify the details of her story.


Felony Odometer Violation

Third District Court-Salt Lake City (April 2003)

The defendant was charged with selling a vehicle and "turning back" the odometer in violation of Utah law. The District Court dismissed the case, accepting Brown, Bradshaw & Moffat's motion that the State did not present evidence of the defendant's actions which actually violated Utah law.


Aggravated Assault

Third District Court-Tooele County (2002)

The defendant was involved in an altercation in Tooele, which resulted in felony aggravated assault charges being filed.  After an extensive investigation conducted by Brown, Bradshaw & Moffat prior to trial, the prosecutor dismissed the case following opening statements and consultation with Brown, Bradshaw & Moffat.  The firm's investigation revealed a key eyewitness who had never been interviewed by police, and this witness's statement revealed numerous inconsistencies with statements of prosecution witnesses.


Object Rape & Forcible Sexual Abuse

The female defendant was charged with object rape, a first-degree felony, and forcible sexual abuse, a second-degree felony. But as part of a plea agreement, she pleaded guilty to three reduced counts of sexual battery, a class A misdemeanor.

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