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1/21/2010 - Posted by:
Law Offices of Christopher J. McCann
Phone: (949) 596-0060
Fax: (949) 474-0306
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The Judge Said, "I Don't See How You Have a Defense to This Case." or When You Point Your Finger at Someone, You're Pointing 4 Back At Yourself!

Mr. McCann’s client was a 24 year-old man on juvenile probation for attempted murder when he was arrested for Criminal Threats (Penal Code § 422) against his neighbor. Just prior to the client’s arrest, the neighbor’s son had recently been stabbed by the client’s son during an altercation. After that incident, the neighbor had called the police but the client’s child was not been arrested. The neighbor, though she had previously been friends with the client’s wife, never liked the client, and she was particularly upset at him for what his child had done to her child. Several days after the incident between their children, the neighbor alleged that the client approached her alone in a dark alley and said he would kill her for calling the police on his kid. The neighbor had the client arrested for allegedly threatening to kill her. The client was charged with the criminal threat as well as violating his juvenile attempted murder probation. Despite the fact the judge allowed the jury to learn the client was on probation for attempted murder, Mr. McCann showed that the neighbor was convicted thief who could not be believed, particularly because of her anger at the client for the incident involving her children. Mr. McCann then called witnesses to show that the threat could not have happened when the neighbor alleged it happened because the client was reading to his children at the time. Though before the trial the judge stated, “Mr. McCann, I don’t see how you have a defense to this case,” the jury came back and acquitted the defendant and the judge reinstated the client on probation.
 
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