San Diego Attorney Obtains Dismissal at Preliminary Hearing

San Diego Lawyer Daniel Greene practices criminal defense at The Law Offices of Kerry L. Armstrong, APLC. The San Diego Criminal Defense Bar Association congratulated Dan Greene on obtaining a dismissal at one of his client’s preliminary hearings.
By: Law Offices of Kerry L. Armstrong, APLC
 
March 7, 2013 - PRLog -- Attorney Dan Greene is a San Diego criminal defense lawyer at The Law Offices of Kerry L. Armstrong, APLC. Earlier this year, the San Diego Criminal Defense Bar Association Newsletter published an article in its newsletter congratulating Mr. Greene for obtaining a dismissal at his client’s preliminary hearing.

Greene’s client stood 6’7” tall, weighed in at 250 pounds and was a semi-pro basketball player charged with a 422 (criminal threats) for allegedly threatening the female supervisor at a Municipal Gym in Balboa Park and telling her that one of his “home girls” from Emerald Hills would come over and “cut her up.” He also supposedly wanted to see if anyone at the gym would bet him $100 to see if he would “have this bitch cut up.”  The client was on felony probation for an unrelated offense at the time of the new charged offense.

The verbal altercation between Greene’s client and the gym’s female supervisor began after the players were told to leave the gym after a fight broke out in one of the courts. The female supervisor blamed Greene’s client for the fight despite the fact that his involvement was limited to breaking up the fight.

Greene’s client had a rap sheet and a prior strike on his record. At the preliminary hearing before Judge Link, the prosecutor called the female supervisor and one of her co-workers that were present during the incident to the stand. However, the prosecution failed to interview the co-worker before hand, and in effect, was unaware that her prior incriminating statement (which was contained in a Parks and Recreation incident report), was not written by her, but instead by the female supervisor (alleged victim), and brought to her for signature. The co-worker’s “truthful” statement was that Greene’s client never actually threatened to have the alleged victim/supervisor cut up, or suffer any type of bodily injury.

Greene called two witnesses to the stand, a coach and another player who were at the gym during the exchange of words, both of whose statements were rather consistent with that of the co-worker. After listening to witnesses’ statements, Greene’s oral argument, and after examining the evidence or lack thereof, Judge Link said there was insufficient evidence to find the client guilty of a 422 and there was insufficient evidence to find the client in violation of his probation. Judge Link dismissed the case and Greene’s client’s probation for the prior case was reinstated.

Daniel F. Greene is a senior associate at the Law Offices of Kerry L. Armstrong, APLC, a San Diego, California criminal defense law firm. He earned his bachelor’s degree in political science from Trinity College in Hartford, Connecticut. He went on to earn his juris doctorate degree from California Western School of Law. As a student intern and law clerk, attorney Greene worked with the Department of Justice, Office of the Attorney General and for the Federal Defenders Office of San Diego. After graduating law school, Greene was an associate attorney at one of the largest criminal defense firms in Southern California. From there, he joined the Law Offices of Kerry L. Armstrong where he personally handles state and federal crimes. Selected as The Daily Transcript’s 2012 Top Attorney Finalist in Criminal Law, attorney Greene has successfully represented clients against all levels of misdemeanor and felony crimes and in many cases obtained acquittals on his clients’ behalf. To contact an attorney at the firm regarding your criminal matter, please call (619) 268-4682 or visit the firm’s website online today at http://www.sandiegodefenselawfirm.com.
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Source:Law Offices of Kerry L. Armstrong, APLC
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Tags:San Diego defense, Criminal Defense Attorney, San Diego Lawyer, Criminal Defense
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