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Farrelly PC Blog & Case Results

Monday, March 16, 2015

Washington, DC Second Offense DUI/DWI Charges REDUCED

A Farrelly PC client facing Second Offense DUI/DWI charges with breath score enhancements enters plea to the reduced charges of DUI First Offense.  Had the government convicted the Farrelly PC client of the original charges the client faced maximum penalties of 1 year in jail and/or a $5,000 fine.  Further, the client faced a MANDATORY MINIMUM sentence of 25 days in jail.  Under the reduced conviction to DUI First Offense, client received zero days of jail and a period of unsupervised probation. 

Read more about Farrelly PC and DUI/DWI defense here.


Friday, January 23, 2015

Sean J. Farrelly Named to The National Trial Lawyers Top 100 Trial Lawyers

Farrelly PC founder Sean J. Farrelly has been named to The National Trial Lawyers Top 100 Trial Lawyers for criminal defense in Washington, DC.  The National Trial Lawyers Top 100 is an invitation-only organization composed of the premier trial lawyers from each state in the nation who meet stringent qualifications as civil plaintiff and/or criminal defense trial lawyers. Selection is based on a thorough multi-phase process which includes peer nominations combined with third-party research. Membership is extended solely to the select few of the most qualified attorneys from each state who demonstrate superior qualifications of leadership, reputation, influence, stature and public profile.

The NTL Top 100 membership includes some of the nation's most renowned criminal defense lawyers.  NTL Top 100 lawyers represent individuals in the nations most high profile criminal defense cases.  In addition, world famous athletes and celebrities often turn to the NTL Top 100 membership ranks to represent them when facing criminal charges.  

Mr. Farrelly is honored by his inclusion in this elite group of criminal defense lawyers.  He strives to ensure that all of his clients receive the best criminal defense in Washington, DC and being recognized by the National Trial Lawyers will only serve to motivate Mr. Farrelly to fight even harder on behalf of his client.

 

 


Wednesday, December 10, 2014

Farrelly PC Secures DC Court of Appeals Remand of Case Due to Improper Conviction

As reported on the Public Defender Service for the District of Columbia’s Criminal Law Blog, on November 13, 2014, the D.C. Court of Appeals remanded a case to the D.C. Superior Court after finding that a Farrelly PC client was improperly convicted of second degree theft.  A full copy of the appellate opinion is available here.


Read more . . .


Thursday, November 13, 2014

Farrelly PC Client Acquitted After Being Originally Found Guilty

On October 21, 2014, a DC Superior Court judge found a Farrelly PC client not guilty of misdemeanor threats.  The not guilty verdict came after the court had already found the client guilty of the alleged offense.

The case involved allegations of a threat made over the telephone.  The government presented testimony that the Farrelly PC client was speaking to a family friend by telephone when he made threats toward the family friend's sister.


Read more . . .


Tuesday, October 14, 2014

Farrelly PC Client Acquitted of Unlawful Entry and Second Degree Theft

On October 1, 2014, a District of Columbia judge found a Farrelly PC client not guilty of Second Degree Theft and Unlawful Entry.  The verdict followed a bench trial in the District of Columbia Superior Court presided over by the Honorable Yvonne Williams.

Prior to the commencement of trial, counsel for the United States Attorney’s Office disclosed a 911 call made by a witness to the alleged theft.  Due to the late disclosure of the evidence, counsel for the accused, Sean Farrelly, was able to keep the 911 call out of the government’s case in chief. 


Read more . . .


Monday, June 2, 2014

DC Jury Finds Farrelly PC Client Not Guilty of DUI

On May 22, 2014, after only an hour and a half of deliberation, a jury comprised of 12 citizens of the District of Columbia found a Farrelly PC client not guilty of Driving Under the Influence.  The verdict followed a two-day trial in the District of Columbia Superior Court in front of the Honorable Milton Lee.


Read more . . .


Friday, April 25, 2014

D.C. Federal Judge Standing Up for the Constitution

By: Sean Farrelly

Federal magistrate judges nationwide, including right here in the District of Columbia, are thwarting law enforcement attempts to gain access to cell phone and personal data.  The judges are denying requests for search warrants for such information as overly broad and in direct conflict with the basic rights afforded all United States citizens under the Constitution.

As reported in the Washington Post, in recent months, Magistrate Judge John M. Facciola of the United States District Court for the District of Columbia has  denied access to the Facebook page of alleged Navy Yard shooter Aaron Alexis and the iPhone of the Georgetown University Student accused of making the deadly poison ricin in his dorm room.  Magistrate Judge Facciola labeled law enforcement requests for search warrants “repugnant” to the U.S. Constitution.


Read more . . .


Tuesday, March 18, 2014

Driving While High -- The Effect of Marijuana vs. Alcohol When Getting Behind the Wheel

By: Sean Farrelly

recent New York Times article took an in-depth look at the effects of marijuana on an individual’s ability to safely operate a motor vehicle.  Specifically, the article cited a number of studies, including this one from 2012, that analyze the effect of marijuana versus alcohol on drivers.

The article examined the effects of marijuana on a driver’s ability to perform the Standardized Field Sobriety Tests (SFSTs), which are designed to detect impairment caused by alcohol, marijuana and other drugs.  Validation studies have revealed that the SFSTs can accurately predict intoxication from alcohol anywhere between 70-90% of the time, depending on testing conditions.  However, according to studies, the SFSTs only correctly identify individuals under the influence of marijuana 30% of the time.


Read more . . .


Wednesday, February 19, 2014

DC Takes Another Step Toward Marijuana Possession Decriminalization

As reported by the Washington Post and numerous other media outlets, the D.C. City Council voted 11-1 to decriminalize the possession of less than one ounce of marijuana.  In lieu of the current criminal penalties of 180 days in jail and/or a $1,000 fine for possessing small amounts of marijuana, possession would be a civil infraction carrying a fine-only punishment, similar to a speeding or parking ticket.

If the legislation is enacted, D.C. would follow the lead of 15 other U.S. states that have already decriminalized possession of marijuana.  Although possession of marijuana remains illegal under federal law, the Department of Justice has not taken any action to enforce federal law in those states that have decriminalized possession through state legislation.


Read more . . .


Tuesday, January 7, 2014

Will Police Misconduct in DC Finally Be Addressed?

As reported in the Washington Post, on January 24, the D.C. City Council will hold an oversight hearing to address issues related to police misconduct in the District.  Council member Tommy Wells (D-Ward 6), chairman of the D.C. Council’s public safety committee said he wants Metropolitan Police Department (“MPD”) Chief Cathy L. Lanier to answer questions about whether police officers who are engaged in unsavory behavior are being identified. 

Wells, who is running for mayor, stated “[i]t is very important to me that residents have confidence in our police officers to be upstanding citizens who are on the side of angels and not people who commit crimes.” 


Read more . . .


Monday, December 30, 2013

What is Diversion? -- Part Two

By: Sean Farrelly

This blog post is the second of a two part series discussing the various forms of "diversion" offered for most DC misdemeanor crimes.  

When an individual is charged with a criminal offense in Washington, DC, in most cases a plea offer is made by the prosecutor.  For a majority of misdemeanor offenses and occasionally in felony matters, the plea offer made by the government will be an offer of what is known as “diversion.”

Diversion is a method by which an individual can resolve his or her case short of conviction.  There are many different types of diversion, including, DC Traffic Diversion, STET Agreements, Deferred Prosecution Agreements, Deferred Sentencing Agreements, Drug Court and Mental Health Court.  Each type of diversion comes with its own advantages and disadvantages. DC Traffic Diversion, STET Agreements and Deferred Prosecution Agreements were discussed previously in Part One.  Deferred Sentencing Agreements, Drug Court and Mental Health Court are discussed in detail below.


Read more . . .


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