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STATE v. K.F., et al

Offense: Burglary; Hindering Apprehension and Prosecution

Maximum Penalty: 15 years prison; $25,000.00 fine

Summary: Client was traveling down the road when she was car-jacked by 2 unknown assailants who threatened to kill her if she didn’t drive.  While getting into the car, one of the assailants fired his pistol at his pursuer, narrowly missing him.  The pursuer had just discovered his home had been burglarized and was chasing the 2 assailants on foot.  Initially, client was seen as the victim of the car-jacking but later, suspicion fell upon her as a co-conspirator to the crime.  Ultimately, she and her 2 friends were charged with the crimes.

Result: Client and her 2 co-defendants waited more than 3 years for trial.  Prior to trial, we litigated a motion to dismiss all charges due to a violation of her speedy trial rights.  We had an alibi witness who was ready to testify in the case back in 2013 but due to an unreasonable delay caused by the state, the alibi witness was no longer available.  Court granted our motion to dismiss all charges with prejudice!  Client may now go about her life without the concern of criminal charges looming over her head.

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