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Case Results

When your reputation, freedom, and livelihood are on the line, it is imperative that you have a lawyer who is an experienced, proven advocate with real and substantial results. At the Law Office of Hernandez & Hamilton PC, we have successfully represented clients at trial and negotiated favorable plea agreements in numerous criminal matters throughout Arizona and in federal courts nationwide.

STATE OF ARIZONA V. PONCE DE LEON – NOT GUILTY ON ALL COUNTS

Attorney Clay Hernandez represented a disabled war veteran who was wrongfully arrested and charged for displaying a firearm after being accosted by a suspicious person in a public park. Clay was able to demonstrate that his client legally displayed his weapon in self-defense and successfully obtained a verdict of NOT GUILTY on all charges.

UNITED STATES V. STANSBERRY ET AL. – ALL CHARGES DISMISSED

Our client was arrested by special agents with the Organized Crime Drug Enforcement Task Force (OCDETF) in connection with an alleged inter-state drug trafficking organization. Agents seized more than 85 pounds of cocaine, 17 vehicles, and eight properties in Pima County worth an estimated $2.5 million. Mr. Hamilton was able to secure a DISMISSAL of the charges against his client prior to trial.

News Link: 9 arrested in connection with Tucson-based drug trafficking ring

STATE OF ARIZONA V. HERNANDEZ – ALL CHARGES DISMISSED

Our client was accused of attacking his girlfriend and causing her to sustain serious injuries. Working with our investigator, we were able to establish that the charges were fabricated and convinced the prosecutor to DISMISS the charges.

IN RE J.M. – PROBATION (NO SEX OFFENDER REGISTRATION REQUIRED)

In this very serious child sex abuse case, our client was charged with multiple counts of Sexual Conduct with a Minor Under the Age of Fourteen and Child Molestation, which can carry absolutely severe sentences under Arizona law. There were problems with the police investigation that were pointed out to the prosecutor. By demonstrating our client was remorseful and presenting him in the best light possible, we were able to negotiate a plea deal that resulted in our client receiving a REDUCED CHARGE of Furnishing Harmful Material to a Minor.

STATE OF ARIZONA V. KRAUSE ET AL. – TWO YEARS STANDARD PROBATION

In this major case prosecuted by the Arizona Attorney General’s Office, the clients were charged with allegedly maintaining and operating a brothel. Police seized hundreds of thousands of dollars of clients’ property, including cars, guns, cash, businesses and two luxury homes. In the end, our client pled “no contest” to reduced charges, received a short sentence of STANDARD PROBATION, and the police were required to return every single piece of property they took from our clients.

News Link: Tucson man sentenced to probation in northwest-side brothel operation

STATE OF ARIZONA V. BOOTMAN – ALL CHARGES DISMISSED

In this high-profile case, our client was a well-respected member of the community who was wrongfully accused of sexual assault. Our team led an independent investigation spanning more than two years and in the end were able to get the charges against our client DISMISSED completely and cleared his name.

News Link: Charges dropped against former University of Arizona dean in sex-assault case

STATE OF ARIZONA V. GALVAO – ALL CHARGES DISMISSED

Our client was targeted by police because they believed he was a member of an Outlaw Motorcycle Gang. He was illegally pulled over by police and wrongfully arrested in the front yard of his home. Police claimed they recovered an illegal firearm during a search and he was charged with Misconduct Involving Weapons and other charges. The charges were DISMISSED after we demonstrated the firearm was perfectly legal to possess and the felony charges were DISMISSED and refilled in misdemeanor court. After a year of fighting the misdemeanor charges, they too were DISMISSED.

UNITED STATES OF AMERICA V. RIVERA – PROBATION

Homeland Security agents knocked on our client’s door and asked to come in to talk to him. The agents manipulated him to allow them to inspect his computer for child pornography. A year later, he was arrested and charged in federal court with Possession of Child Pornography and Knowing Access of Child Pornography. Federal prosecutors offered a plea which would have required our client to spend not less than 51 months in prison. We rejected the plea offer and pled the client without a plea agreement. At sentencing, federal prosecutors asked for 97 months in prison. Mr. Hamilton argued for a sentence of probation. Our client received a sentence of PROBATION and did not have to spend any time in custody.

STATE OF ARIZONA V. BUTLER – WON AT THE ARIZONA SUPREME COURT

Following an illegal search to look for drugs, our client was arrested for drug possession and driving under the influence (DUI) among other charges. We filed a motion arguing the evidence should be suppressed because the search was illegal; we won the motion. The prosecutor appealed the case, which went all the way to the Arizona Supreme Court. In a highly-praised victory, Mr. Hamilton dismantled the abusive police practice which forced suspects to consent to warrantless searches following arrest. As a result, hundreds of pending cases statewide had to be dismissed. The case is widely-considered one of the most important cases in the area of search and seizure law in the past decade.

News Link: DUI RULING Justices reject ‘implied consent’

STATE OF ARIZONA V. S.M. – NOT GUILTY ON ALL CHARGES

Our client was accused of participating in an armed “drug rip” robbery of a magic mushroom grow house. The client was charged with 19 felonies, all of which were “Dangerous Nature” offenses under Arizona law, carrying the potential for life imprisonment if found guilty. After a two-week jury trial, our client was found NOT GUILTY of all charges.

STATE OF ARIZONA V. LUPERCIO ET AL. – SENTENCE OF 7 YEARS FOR FIRST DEGREE MURDER

Our teenage client was charged, along with several other individuals, which orchestrating a drug rip that left one person dead. He was charged with First Degree Murder. If convicted at trial, our client faced the potential for the death penality. Mr. Hernandez worked tirelessly to get the First Degree Murder charges reduced to Manslaughter, which carried a penalty of 7.0 to 21.0 years in prison. Mr. Hernandez was able to persuade the judge to sentence our client to the MINIMUM SENTENCE available of 7.0 years in prison.

STATE OF ARIZONA V. R.H. – ALL CHARGES DISMISSED

Mr. Hernandez was retained to represent our client who was arrested by the Federal Bureau of Investigation (FBI) in a complex, multi-co-defendant RICO case in Pinal County. Our client was accused of being a ring-leader (or “shot caller”) of the notorious Arizona Mexican Mafia prison gang. After years of expert litigation by the Law Office of Hernandez & Hamilton PC, including a successful appeal at the Arizona Court of Appeals, the charges were DISMISSED completely.

STATE OF ARIZONA V. KONN – ALL CHARGES DISMISSED

Our client was stopped for speeding by the Arizona Department of Public Safety as he drove from Florida to California for spring break. A drug-detection dog alerted to the scent of narcotics inside the car. No narcotics were located, however, police seized approx. $275,000 in cash and our client was arrested and charged with Money Laundering. Mr. Hamilton was able to convince the Arizona Attorney General’s Office to DISMISS the charges against his client and eventually was able to force the police to return all the entire $275,000 plus interest to his client.