Farrelly Kalafat PC Blog & Case Results

Monday, April 22, 2019

Sean Farrelly & Jason Kalafat Named to 2019 Super Lawyers

Farrelly Kalafat PC shareholders Sean Farrelly and Jason Kalafat have been named by Super Lawyers as a Rising Star and Super Lawyer in the area of criminal defense in Washington, D.C.   

Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement.

Read more . . .

Monday, August 14, 2017

Remaining Silent: Why it's Never a Good Idea to Speak to the Police

I’m often asked, “what is the one thing you wish you could have advised your clients before they hired you?”  The answer to that question is easy, DO NOT SPEAK TO THE POLICE.

Time and time again, after I am retained in a criminal defense matter, I learn that my clients spoke to the police about their cases before hiring me.  Those conversations take many forms, ranging from short “informal” discussions to formal interrogations. With very few exceptions, it is never in someone’s best interest to speak to the police if there is any chance whatsoever the police are investigating them for a crime.  By speaking to the police you are providing them with a significant amount of evidence that can be used against you at trial (remember, statements given to police by a criminal defendant are admissible in any prosecution brought against them).

Read more . . .

Thursday, September 15, 2016

I Got a Hit and Run Letter from the DC Police, What Should I do?

When an individual is suspected of having been involved in a leaving after colliding, or "hit and run," offense, a law enforcement agency, usually the Metropolitan Police Department, will send a letter to the registered owner of the vehicle involved in the accident.  The letter will state that the owner of the vehicle is required to report to a particular police precinct on a specific date and time for an interview with a detective or other officer.  The letter asks the owner to bring various information with them, including proof of insurance and registration.  The letter also demands the owner be prepared to inform the police who had access to the vehicle when the accident occurred and specifically who was driving the vehicle.  The letter ends by making an empty threat that if the owner does not report to the police with the required information "a warrant may issue for your arrest."

Read more . . .

Thursday, April 28, 2016

Sean J. Farrelly Named to Super Lawyers for Second Consecutive Year

Farrelly PC founder Sean J. Farrelly has been named by Super Lawyers Magazine as a Rising Star in the area of criminal defense in Washington, D.C.  for a second consecutive year.  

Read more . . .

Friday, February 5, 2016

Farrelly PC Client Has Solicitation for Prostitution Charges Dismissed

A Farrelly PC client had his Solicitation for Prostitution charge dismissed in DC Superior Court pursuant to a deferred prosecution agreement.  Had the client been convicted of Solicitation for Prostitution, he would have faced potential jail time of up to 90 days and/or a $500 fine.  In addition, the stigma of a conviction of this nature could carry potential permanent consequences moving forward.

Read more about deferred prosecution agreements and Solicitation for Prostitution defense here and here.

Wednesday, January 6, 2016

Farrelly PC Founder Sean Farrelly Named to National Trial Lawyers Top 100 for a Second Consecutive Year

For a second consecutive year, 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.

Thursday, December 10, 2015

Farrelly PC Client Found NOT GUILTY of Second Degree Theft

A Farrelly PC client was found not guilty of Second Degree Theft following a bench trial in DC Superior Court.  The client was found not guilty by the Honorable Judge McKenna.  The client was accused of stealing funds from her employer's cash register while working.  Counsel for the client, Sean Farrelly, was able to present evidence that the client did not steal the funds but simply removed the money in order to pay for necessary goods related to the business.  

Ultimately, Judge McKenna ruled that the theory presented by the defense was plausible and the government had failed to prove beyond a reasonable doubt that the client took the money from the cash register for purposes of theft, as opposed to the legitimate business reason set forth by Mr. Farrelly.

This case was a good example of how important it is to establish an alternatively factual theory from what the government is trying to prove.  If there is an alternative explanation for the actions of a defendant, preferably one that is not criminal in nature, it injects reasonable doubt into the minds of the judge or jury and significantly increases the probability of obtaining a not guilty verdict.  Without an alternative theory, convincing a judge or jury to find someone not guilty can be much more problematic.

 Sean Farrelly is a seasoned criminal defense attorney in Washington, DC.  Read more about Farrelly PC and theft defense here.

Wednesday, December 9, 2015

Second Degree Theft Charges in Washington, DC DISMISSED

A Farrelly PC client had his Second Degree Theft Charges dismissed by the court on the day of trial.  The client faced a maximum penalty of 180 days in jail and/or a $1,000 fine if convicted.

 Read more about Farrelly PC and theft defense here.

Wednesday, December 9, 2015

Washington, DC DUI, Reckless Driving and Consumption of Marijuana Charges REDUCED

A Farrelly PC client facing charges of DUI, Reckless Driving and Public Consumption of Marijuana had those charges reduced to one count of Attempt Reckless Driving and was given a sentence of time served by a DC Superior Court Judge.  The client was facing almost one year of possible jail time on all three offenses prior to entering a plea to the single count of Attempt Reckless Driving.  In addition, if convicted of either DUI or Reckless Driving, the Farrelly PC client faced a license suspension of six months.  Under the terms of the plea to Attempt Reckless Driving the client will not lose his license for any period of time.  

 Read more about Farrelly PC and DC DUI defense here.

Tuesday, December 8, 2015

Petition for Temporary Restraining Order Filed Against Farrelly PC Client DENIED

A petition for a temporary restraining order filed against a Farrelly PC client was denied and the case dismissed by a DC Superior Court judge at the initial hearing.  The judge ruled, after argument from Sean Farrelly, that the petition for a temporary restraining order had no merit.  The judge then denied the petition and dismissed the case in its entirety.  

Read more about both seeking and defending against restraining orders here.

Monday, December 7, 2015

No Permit Charges in Washington, DC DISMISSED

A Farrelly PC client charged with driving without a valid permit in Washington, DC Superior Court has charges dismissed on the day of trial.  Driving without a valid permit is charged under D.C. Code Section 50-1401.01 (d) and carries a maximum penalty of 90 days in jail or a $500 fine.  

 Read more about Farrelly PC and criminal traffic offense defense here.

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