Case Results
Indictment for Felony Possession of Fentanyl Dismissed due to Prosecutorial Misconduct
Client was charged with felony possession of a contolled substance in a rural Missouri County. Client was a prior and persistent drug offender and faced enhanced penalties. The state offered 10 years in prison. Becauase the offer was absurd, we set the case for trial. Three weeks before trial, the state indicted the defendant on an identical charge to avoid going to trial on the date the judge had set, and the pre-existing case was dismissed. We argued that the state had exceeded its permissable authority to indict on a charge that was already pending and had abused its power. The judge agreed and ordered the case dismissed
St. Louis Man Found Not Guilty of Possessing Drugs Allegedly Found in His Bedroom
A St. Louis City man was charged with possession of a controlled substance after a swat team raided his house and allegedly found drugs in his bedroom. Police claimed that during the raid the defendant was found the bedroom where the drugs were at. We obtained body camera footage which showed that the police had fabricated many parts of the police report, including the defendant being in the bedroom. The jury returned a not guilty verdict in 20 minutes.
DWI Resulting in Serious Physical Injury and ACA Charges Dismissed after Evidence Suppressed
A St. Louis man was charged with driving while intoxicated resulting in serious physical injury and armed criminal action after allegedly hitting another motorist and causing serious physical injury. The police obtained the defendant's medical records with a grand jury subpoena, which revealed a .23 BAC - almost three times the legal limit. Attorney Brian Cooke filed a motion to suppress to exclude the medical records. The motion argued that the officer should have obtained a search warrant instead of a subpoena and that even if he had obtained a valid warrant there would not have been probable cause to justify the warrant. On cross examination, the officer was impeached over and over and finally admitted he did not have probable cause to believe our client was driving while intoxicated prior to obtaining the medical records. The judge ordered the medical records excluded and the...
DWI Resulting in Death Charges Reduced
Client was charged in DWI resulting in Death after allegedly taking police on a highspeed chase while intoxicated, wrecking his vehicle resulting in the death of a passenger. Client allegedly admitted to drinking all day and police claimed to have found beer bottles in the vehicle. We were able to successfully challenge the evidence of intoxication and persuaded the prosecutor to ammend the charge to involuntary manslaughter with a sentence of 6 years. As a result, our client will only have to serve 28 months before becoming eligible for parole.
Felony Probation with 15 year backup discharged despite multiple violations
Our client was on probation, with a 15 year backup sentence hanging over his head. While on probation, he was arrested on a new felony and fled the state. Our client was on the run for four years before finally being apprehended. We gathered extensive mitigation to show that our client had been a law abiding citizen during the four years and that he had left the state to save his children from following down the same path as him. Although the judge could have easily sentenced him to 15 years, our arguments persuaded him to let our client off probation entirely. As a result, our client is back home with his family.
No Probable Cause for Felony Resisting Charge
Client was charged with Felony Resisting Arrest after allegedly fleeing police in a high speed chase. At the preliminary hearing, Attorney Brian Cooke thoroughly impeached the officer, forcing him to admit that his current testimony contradicted his police report. The judge found no probable cause that the defendant resisted in a way that created a "substantial risk of serious physical injury or death", as required by the statute. As a result, the felony charge was dismissed.
Gun Flourishing Charges Reduced to Misdemeanor
A St. Louis County man was charged with Unlawful Use of a Weapon - Flourishing after allegedly brandishing a firearm and firing shots of during an argument. At the preliminary hearing, we were able to challenge the credibility of the arresting officer. Ultimately, we were able to persuade the prosecutor to reduce the felony charge to a midemeanor with an SIS probation. As a result, our client will not receive a conviction on his record so long as he successfully completes probation.
Home invasion sexual assault charges dismissed
Client was charged with burglary 1st degree and sexual abuse 1st degree after allegedly forcing his way into woman's home and touching her breasts during an uber delivery. We believed in our client's innocence from the start. A conviction of any sort would have been a disaster and resulted in deportation for our client, who was in immigrant here on a visa. During our investigation we obtained video which showed that the alleged victim was lying. Despite this, the prosecutor vigorously pursued the case. We then conducted depositions and laid a number of traps for the alleged victim, which would have destroyed her credibility at trial. The State ultimately dismissed the case the Friday before trial. As a result our client gets his life back and can stay in the Country.
DWI reduced to reckless driving
A St. Louis man was charged with DWI after being stopped, speaking with slurred speech, allegedly failing all sobriety tests, smelling of alcohol, and refusing a breath test. We were able to persuade the prosecutor to reduce the DWI to reckless driving with a small fine due to the officer improperly administering the field sobriety tests and discrepencies between the body camera footage and the police report.
Felony probation discharged despite multiple new felony charges
Client was on felony probation for stealing and faced up toi 7 years if revoked. While on probation, Client was charged with four new felony charges, dropped dirty, and failed to report. In our motion to discharge probation, we alleged that the court failed to make every reasonable effort to conduct the revocation hearing prior to the expiration of probation because the Judge lost track of the case and did not schedule a timely revocation hearing. The Court ultimately conceded that it had lost jurisdiction to revoke and our client is at home with his family instead of rotting in prison.

