Innocent Until Proven Guilty
LoTempio Focuses on Facts, Charges Dismissed
Recently, LoTempio P.C. Law Group obtained a favorable outcome in a Promoting a Sexual Performance by a Child case. The charges against our client were based on mistaken identity, which were ultimately dismissed. Our client was falsely accused simply because his Instagram username was similar to that of the actual perpetrator, who targeted young girls through social media.
Our client was adamant of his innocence. We had full confidence in him but explained this was a process we would counsel him through and take the necessary steps.
Details are Important
First, after notifying the court that we’ve been hired as legal representation, we obtain discovery materials from the District Attorney. In this case, they were voluminous. Included were multiple suspects spanning all over the country, and even into Mexico. There were at least 6 victims, and hundreds of pages of technical information. Our dedication to examining all of the information led to the discovery that our client was in fact innocent, and we could prove it. Specifically, our client’s Instagram name included one underscore, while the victims all reported a username with two underscores.
The difference was subtle, but life altering to someone accused of a crime. Once discovered, we determined where this mistake initiated and communicated that information to the District Attorney. There was no other evidence connecting our client to the crime.
Next, we filed the appropriate motions. We were thorough in filing not only a motion to dismiss, but also challenging the sufficiency of the charges, suppressing evidence, and others in order to cover all of our bases.
Finally, we met with the District Attorney and explained our findings. We requested a new subpoena be filed for the correct Instagram username. Shortly after we notified the District Attorney of our intent to file our own subpoena. Before we could, we were notified via letter that the subpoena returned the correct result: the username belonged to a person who had already pled guilty to related charges. Our client was innocent and in light of our presentation of evidence, the District Attorney moved to dismiss all charges.
Here at LoTempio P.C. Law Group, we believe in our clients and put in the maximum effort to obtain a favorable result. The effect of carefully analyzing discovery documents should never be underestimated. While we always focus on the appropriate legal arguments, here the facts and proof were the key to dismissal.
To contact LoTempio P.C. Law Group in Buffalo, NY by calling 716-855-3761 or in Taos, New Mexico at 575-221-9999 or by using our contact form. You can also use our chat icon to reach out to us directly while online.