Recent case list of Criminal Defense lawyer firm

GRAHAM COUNTY:

Superior Court

Client was charged with 3 counts of sexual conduct with a minor and child moletstaion. Client confessed to the alleged acts. A jury trial was conducted. The law firm presented a highly renowned forensic expert to show that the child was coerced by the police into making false accusations against our client. The defense also proved that the client made a false confession. The client was facing approximately 60 years prison time. After a week-long trial the jury found our client not guilty of all charges.

MARICOPA COUNTY:

Superior Court:

Client was previously sentenced to two consecutive 15-year flat-time sentences that were also consecutive to a 10-year "soft" sentence ( a total of 40 years). These sentences were imposed after a jury trial at which the Client was represented by other counsel. In a Petition for Post Conviction Relief filed 15 years after imposition of the above sentences, this law firm succeeded in overturning client's conviction and sentences. Our client was resentenced to a term of imprisonment far shorter than the original imposition of forty (40) years.

Superior Court:

Our client retained the law firm to prepare and present a Petition for Early Termination of Lifetime Probation Supervision after a conviction on a sexual offense. He had spent ten years on supervision. We recommened that the client retain the services of a Mitigation Expert, who prepared a comprehensive report for the Court which included results of psychosexual assessments, polygraph results and character references from the client's friends, family and clergy. After review of the Petition and the Mitigation Report, the State decided not to oppose the petition. The request for early termination of probation supervision was granted and the client is now free of criminal justice supervision.

Superior Court:

Client was charged with First Degree Murder in the high-profile death of another young man who was shot in a Scottsdale nightclub parking lot when our client punched the victim in the head while holding a loaded gun in his hand. Police officers and others who were at the nightclub actually witnessed the murder of the victim. After a lengthy jury trial and attempts by the state to show premeditation, the jury accepted the aggressively presented defense position that the murder was unintentional and found the defendant guilty of second-degree murder. This meant that the defendant was no longer exposed to the sentencing possibly of life in prison.

Superior Court:

Client hired the law firm to prepare and present a petition for post conviction relief (Rule 32). Client had spent 17 years in prison of a 40 year prison sentence for attempted sexual assault before retaining the law firm. A petition for post conviction relief was carefully prepared and filed. The court granted an evidentiary hearing after the hearing the court granted relief and overturned the sentence and conviction. The client was released from prison pending the state's decision about re-trial, and subsequently accepted a plea which allowed him to be placed on probation.

Superior Court:

Client a juvenile, was arrested, charged and incarcerated as an adult for armed robbery. After hiring Ferragut & Associates the firm was able to secure his release from custody. Through the firms vigorous and thorough investigation efforts, we were able to successfully produce evidence that the police department had arrested the wrong individual. Based on the evidence produced by our firm the prosecution filed a Motion to Dismiss the case without prejudice. However, the judge granted the law firm's Motion to Dismiss with Prejudice. Client cannot ever be charged with this offense again.

Superior Court:

Client was arrested in Georgia for an outstanding warrant issued in Arizona. He was extradited to Arizona and charged with 2 counts of Custodial Interference, both class 4 felonies. Client hired Ferragut & Associates to defend him. The case was complex and required detailed investigation of events that spanned four separate states. After a thorough interstate investigation the law firm was able to produce evidence that the charges against our client were not sustainable. As a result of the law firms detailed investigation and research the State of Arizona dismissed the charges without prejudice. The law firm petitioned the court to have the charges dismissed with prejudice. The Court agreed and all charges were dismissed with prejudice. The State of Arizona is now barred from bringing those charges against our client at any time in the future.

Superior Court:

Client was indicted by the Arizona Attorney Generals Office on 1 count of Conspiracy to Commit 1st Degree Murder and 1 count of Misconduct Involving Weapons. The case received both local and national media attention. Client was accused of building a bomb to kill Maricopa County Sheriff Joe Arpaio. Client's family hired Ferragut & Associates. A vigorous defense was implemented which required hundreds of hours of research, investigation, witness interviews, and trial preparation. the defense at trial was entrapment and after a grueling five week trial client was acquitted of all charges and released from custody. This case represents the only succesful entrapment defense case on murder charges in recent Arizona history. See the complete story featured in Phoenix Magazine February 2005 edition.

Superior Court:

Our client was charged with 1 count of Unlawful Discharge of Firearm, a class 6 felony and 1 count of Misconduct Involving Weapons, a class 4 felony. In a case of mistaken identification caused primarily by a language barrier (client spoke only Spanish), our client was arrested and charged with a crime he did not commit. He hired Ferragut & Associates to defend him. Because Mr. Ferragut speaks fluent Spanish, he was able to obtain information from the client and other Spanish speaking witnesses as to the events that led to his arrest. Based on the law firms investigation, evidence was produced that the police had arrested the wrong individual based on mistaken identity. Based on the evidence produced by the law firms detailed investigation all charges against the client were dismissed.

Superior Court:

Client accused of multiple charges involving sexual exploitaion of minor for possessing child pornography. After being represented by other attorneys and being told that he would spend many years in prison, the client's family turned to Ferragut & Associates for assistance. After a vigorous investigation, litigation, and negotiation we were able to secure the release of our client from the jail and ultimately he was given probation without any further incarceration.

Superior Court:

Client and other inmates were accused of assaulting another inmate in a holding cell at the jailand causing serious physical injury. While the co-defendants received lengthy prison sentences up to 15 years, we were able to get our client released from custody and ultimately received probation.

Superior Court:

Client was charged with possession for sale of over 350 pounds of marijuana and weapons possession. The client sought legal assistance from our law firm after being told by previous lawyers he would spend many years in prison. Ferragut & Associates provided a comprehensive defense which included negotiating a probation deal for our client. The client received 5 years probation and did not serve any prison time. Today our client is succesfully employed and completing his probation.

Superior Court:

Our client was in prison at the time of his offense. He was charged with participating in a prison riot. Ultimately, 21 prison inmates were charged with felonies including aggravated assault on prison guards, burglary, arson, etc. Client's family retained Ferragut & Associates. Although our client was in prison at the time of the instant offense, had two prior felony convictions, and was facing over 20 additional years in prison, we were able to negotiate a plea agreement in which the client could receive probation. The law firm's mitigation experts assisted in preparing a comprehensive mitigation report and our client was sentenced to probation and released from prison.

COCHISE COUNTY:

Superior Court:

Our client's family family hired Ferragut & Associates to represent the client on a Post Conviction Relief action (Rule 32). When Ferragut & Associates were hired the client was completing his 5th year of a 37-year prison sentence at the Arizona Department of Corrections for a conviction of Child Molestation. The law firm devoted countless hours to research and preparation of a Petition for Post Conviction Relief charging his prior attorney with ineffective assistance of counsel. The Court held a 3-day hearing in Bisbee Arizona where numerous witnesses were called on behalf of client, including his former trial attorney. After extensive litigation the trial court agreed with our petition and reversed the convictions and released the client from custody after serving 5 years in prison. Our client is now living in Sierra Vista Arizona and is succesfully employed and enjoying life as a free man.

YAVAPAI COUNTY:

Superior Court:

Client was charged with 28 counts of Sexual Conduct of a Minor Under Age 15. This case involved false allegations and inaccurate forensic examination conducted by a nurse who erroneously diagnosed signs of sexual abuse. Ferragut & Associates was retained to represent client who vehemently denied the allegations. The law firm conducted a thorough investigation of the allegations and consulted a nationally renowned medical expert who confirmed that the prosecutions medical examination was erroneous. The law firm provided a vigorous defense and was able to secure the release of our client, who was only found guilty of 1 misdemeanor. All felony charges were dismissed.

Superior Court:

Client was charged with one count of Endangerment and one court of Manslaughter. Our client is a young woman who was drinking and driving and drove off the road. Her brother was thrown from the vehicle and died at the scene of the accident. Our law firm was retained to represent her and utilized the services of James and Donna Leone Hamm as Mitigation Experts in the case. The combined efforts of our defense work and the mitigation report resulted in a sentence of probation on the Manslaughter charge, and only 1 year incarceration on the Endangerment charge. The client has completed her incarceration and has now returned to the community to finish her college education.

GLENDALE MUNICIPAL COURT:

Client was charged with 1 count of Possession of Drug Paraphernalia, 1 count of Falsifying Information, and Failure to Appear. Client was stopped for a routine traffic stop in the City of Glendale. During the traffic stop client was informed that there was a warrant out for her arrest. She hired Ferragut & Associates and after a thorough investigation we were able successfully prove that client was a victim of identity theft after a warrant had been issued for a transient who had assumed her identity. As a result the Court granted our Motion to Dismiss the case with prejudice.

PHOENIX MUNICIPAL COURT:

Municipal Court:

Client was charged with Driving Under the Influence of Intoxicating Liquor (DUI). He hired Ferragut & Associates to represent him at trial. After Mr. Ferragut presented a vigorous defense at trial, client was found not guilty of all charges.

Municipal Court:

Client was charged with domestic violence. He vehemently denied the allegations. After a thorough investigation and a trial, client was found not guilty of all charges.

Municipal Court:

Client was charged with 2 counts of Driving Under the Influence of Intoxicating Liquor (DUI). After succesful litigation and negotiation with the prosecutor all charges were dismissed.

FEDERAL COURT:

Demery, et al v. Sheriff Arpaio: This case challenged the Maricopa County Sheriff's Office use of web cams directed at jail inmates being booked into the county jail as a violation of their constitutional and civil rights. The case was filed in 2001 and has gone all the way to the United States Supreme Court, which has affirmed our Preliminary Injunction against the Sheriff's Office. After successful litigation we won the lawsuit, the cameras have been removed from the jail, and the Sheriff is prohibited from using to use web-cam images of inmates. Our law firm does not ordinarily handle civil cases, but the above case was such an egregious violation of inmates' civil rights that we agreed to assist the prison reform advocates from Middle Ground Prison Reform to stop the conduct.

EXECUTIVE CLEMENCY/PAROLE BOARD CASES:

Executive Clemency and Commutation of Sentence: This law has succesfully represented numerous clients in the commutation of sentences before the Board of Executive Clemency. For example, we represented a client who was drinking and driving his motorcycle with his girlfriend as a passenger. An accident occurred, and the girlfriend was thrown off and suffered fatal head injuries. Our client was also seriously injured in the accident. He entered a plea agreement with representation by another firm and was sentenced to nine years in prison for Manslaughter. Our firm took up his case for Commutation of Sentence. The victim's sister was supportive and actively testified at the commutation hearings. We developed evidence for the Board which demonstrated a variety of sentences which had been imposed in Maricopa County for the same type of incident, but with lesser prison sentences imposed. The Board voted unanimously to recommend our client to the Governor for a reduced sentence.

Parole Board: Since 1994, the sentencing code in Arizona has prohibited parole for prison inmates. However, the Board of Executive Clemency, formerly known as the Board of Pardons and Paroles, still hears "old criminal code" cases for parole and home arrest, which were release options prior to 1994. In 2006, working with Donna Leone Hamm as an expert witness/consultant, this firm represented an "old code" life-term prisoner for his sixth parole hearing. At all other hearings, he attempted to represent himself and was denied each time. This offender was convicted of First Degree Murder in 1975 and sentenced to 25 years to Life. He avowed that he was not guilty of the crime and our office thoroughly investigated his case for factual information to provide to the Board regarding the reasonableness of his conviction. This information, combined with an effective Parole Packet and plan for release, extensive preparation o the inmate and his family for the hearing, and his good prison record during thirty years of incarceration, resulted in the granting of Home Arrest in March 2006. In six months, this inmate will be allowed to appear before the board to request transition to general parole. Ultimately, if he performs well in the community, we would be able to represent him on an Absolute Discharge hearing, which would fully expire his life sentence.

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