Recent Noteworthy Cases

Brian T. Pakett Criminal Law Recent Cases

Palm Beach County (Belle Glade): Defendant charged with burglary with a firearm wherein he faced a possible life sentence after allegedly burglarizing a neighbor's home where a firearm, computer and television were alleged to have been taken. Eye Witness saw defendant, who she recognized, as the alleged assailant. Defendant was on juvenile probation and had an open case, also in Belle Glade, for possession of a concealed 9 mm firearm.

Result: Negotiated Plea: Despite possible life sentence on the burglary and multiple year state prison sentence, defendant received 9 month sentence with 4 years probation where could serve time in the county jail as opposed to state facility.

 

Palm Beach County: Defendant allegedly drove over median, hitting a car in the oncoming lane of traffic, injuring the driver and passengers. Defendant was seen by an eye witness pouring out an open Corona taken from the driver's side cup holder.

Result: Negotiated Plea: Reckless driving adjudication, no jail.

 

Palm Beach County: Defendant charged with public intoxication and drunken disorderly conduct after he and a co-defendant verbally assaulted an Uber driver and refused to pay fare.

Result: Charges Dismissed

 

Kings County: Defendant charged with Manslaughter in the Second Degree, Criminally Negligent Homicide, Reckless Endangerment in the Second Degree, Reckless Driving, Violation of Section 1180 and Maximum Speed Limits of the Vehicle and Traffic Law after it was alleged that the defendant drove recklessly over a double yellow line wherein a pedestrian was tragically struck and killed.

Result: Negotiated Plea. No period of incarceration and no probation. Defendant was sentenced to a requirement to complete community service and received a conditional discharge.

 

Bronx County: Defendant charged with Driving While Under the Influence of Alcohol and Leaving the Scene of an Accident after a Hit and Run Accident. Defendant refused to take breathalyzer test.

Result: Acquitted of all charges after jury trial.

 

Queens County: Defendant charged with Assault in the Second Degree after an alleged altercation in a park wherein the complaining witness was alleged to have been beaten with a lead pipe.

Result: All charges dismissed and sealed.

 

Bronx County: Defendant charged with Criminal Contempt after it was alleged by the District Attorney's Office that defendant violated an order of protection by coming in contact with the complaining witness at their respective place of business.

Result: Defendant acquitted of all charges after a bench trial.

 

New York County: Defendant charged with Criminal Possession of a Weapon in the Third Degree, after defendant was stopped in an elevator and a loaded gun was recovered. Mandatory minimum sentence upon conviction is 3½ years.

Result: Negotiated plea, one year incarceration.

 

Kings County: Defendant charged with Assault in the Third Degree, Criminal Possession of a Weapon in the Fourth Degree, Endangering the Welfare of a Child, Attempted Assault in the Third Degree, Menacing in the Third Degree, and Harassment in the Second Degree after a gun was recovered when the police responded to a call of a domestic fight between boyfriend and girlfriend.

Result: All charges dismissed and sealed.

 

Bronx County: Defendant charged with Criminal Possession of a Forged Instrument and other related charges after it was alleged that defendant forged a check and cashed a check without permission.

Result: Acquitted of all charges after jury trial.

 

New York County: Respondent charged by the Department of Consumer Affairs with Operating a Horse-Drawn Carriage in Central Park while Under the Influence of Alcohol, after being stopped by an officer from the ASPCA.

Result: Not guilty decision rendered after hearing. All charges dismissed.

 

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