More Henson Law Firm Case Results*
Rogers County District Court
In this Rogers County case, the client was charged with a sex crime, Lewd Molestation, which is an 85% crime. He was facing 20 years in prison and lifetime registration as a sex offender. The alleged victim was 15 years old. She made a written statement to the police and she was questioned by a forensic interviewer, which was video recorded. Once he received all of the discovery materials, Mr. Henson noticed the alleged victim’s written statement was different from her video interview statement. The police investigators, the forensic interviewer, and the district attorney’s office all did not notice or ignored the differences in the statements.
Mr. Henson set the matter for a preliminary hearing because he believed the alleged victim was lying based upon the inconsistencies between her written statement and her video interview. At the preliminary hearing, the alleged victim took the stand and testified to yet another version of events, her third, that was entirely different from her previous two statements. After a thorough cross examination of the girl, Mr. Henson was able to convince the court that the alleged victim simply was not credible and her testimony on the stand about what supposedly happened did not even amount to a crime. The judge agreed with Mr. Henson. The case was dismissed and the client was released from jail!
Wagoner County District Court
In this Wagoner County case, Mr. Henson’s 18 year old client was charged with a sex crime, Forcible Sodomy on a 15 year old, and was facing up to 20 years in prison and lifetime registration as a sex offender. There was no physical evidence or DNA linking the client to the crime. Since the client exercised his right to remain silent, the only evidence against him was the alleged victim’s testimony. Not only was Mr. Henson able to get the case dismissed at preliminary hearing, Mr. Henson also had his client’s record expunged shortly after the charge was dismissed. He will never have to register as a sex offender, and most importantly, the client was able to enroll in college and his public record shows that he has never been arrested or charged with a crime.
Wagoner County District Court
Mr. Henson’s client was a passenger in the front seat of a car that was stopped for speeding in Wagoner County. The police officer asked the driver for his driver’s license, but the driver did not have one. The officer then ordered all 3 occupants out of the car. The driver was then arrested for driving under suspension. The officer decided he was going to tow the vehicle since the driver did not have a valid driver’s license. However, Mr. Henson’s client and the other passenger both had valid driver’s licenses. The officer then proceeded to search the car, despite the objections of the passengers. The officer claimed he was doing an inventory search prior to the car being towed. The officer then opened the client’s purse that was in the front seat and discovered marijuana, a pipe, and a loaded handgun. The client was then arrested for Possession of Marijuana, Possession of Drug Paraphernalia, and Unlawfully Carrying of a Firearm.
Mr. Henson filed a motion to suppress the illegally seized evidence since the police had illegally searched and towed the vehicle, despite the fact the two passengers both had valid driver’s licenses. Even the district attorney’s office ultimately agreed with Mr. Henson that the search and seizure conducted by the police were illegal. The case was dismissed and the firearm was returned to the client!
Pawnee County District Court
The client was charged with Larceny of an Automobile and Grand Larceny in Pawnee County District Court. Mr. Henson’s client had 3 prior felony convictions so he was facing at least 9 years in prison to a maximum of life in prison for the Larceny of an Automobile charge and at least 4 years in prison to a maximum of life in prison for the Grand Larceny charge. The client was also on probation for one of his prior felony convictions, which was an 85 percent crime. So in addition to the new charges, the client was also facing 15 years in prison at 85 percent time for violating his probation by getting arrested for a new offense. The prosecutor offered the client a 20 year sentence along with several thousand dollars in restitution. Mr. Henson urged his client to reject the plea offer and set the matter for preliminary hearing. At the preliminary hearing, none of the three witnesses could testify that they ever saw Mr. Henson’s client take anything, automobiles or otherwise, from the alleged victim’s property. Their testimony showed that he was only present on the property and nothing more. The judge dismissed the case at the conclusion of the preliminary hearing and the client did not go to prison or pay restitution. The application to revoke the client’s 15 year suspended sentence was also dismissed by the judge.
Tulsa County District Court
In this case, the client was arrested for Possession of Marijuana and Possession of Drug Paraphernalia in 1999. The client was arrested, booked into jail, posted bail, and given a return court date. On the return court date, the case had not been filed and the judge set a new court date allowing the prosecution additional time to file charges. When the client returned to court the second time, charges still had not been filed and the court told the client she was free to leave since the prosecution had not filed charges. Subsequently, the client moved from the Tulsa area to the east coast. What the client did not know was charges had been filed against her after her last court appearance. The Sheriff’s Office did not go to her home to serve the warrant, so the client had absolutely no idea that charges had been filed and that there was an outstanding warrant for her arrest.
Fast forward 12 years later to 2011. The client has graduated from college, is married, has three children, and is living a normal life. While applying for graduate degree programs, a background check conducted by one of the schools reveals the open case and outstanding arrest warrant. The client was devastated because twelve years ago, the judge told her charges had not been filed and she was free to leave the court.
Mr. Henson entered the case and filed a motion to dismiss the charges. Mr. Henson filed a lengthy brief and argued two specific points to the court: 1) certain witnesses were no longer available and the testimony from those witnesses would have exonerated the client, and; 2) so much time had lapsed that the client’s constitutional right to a speedy trial were violated because the State failed to prosecute the case in a timely manner. At a hearing on the motion to dismiss, the court agreed with Mr. Henson and the 12 year old case against the client was dismissed!
*The facts and circumstances of every case are different. The outcomes described may not be typical and are not a guarantee of success.
The HENSON LAW FIRM, PLLC represents clients throughout Oklahoma in communities such as Tulsa, Bixby, Bartlesville, Broken Arrow, Claremore, Collinsville, Glenpool, Jay, Jenks, McAlester, Muskogee, Nowata, Okmulgee, Owasso, Pawhuska, Pawnee, Pryor, Sand Springs, Sapulpa, Stillwater, and Wagoner.
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