Other Criminal Matters

The following cases are recited to illustrate a cross-section of the types of dispositions achieved. It is not intended to represent a total or complete list of all of the case successes or favorable dispositions in the past 30 years. Salvatore C. Miglore has had many, many more NOT GUILTY findings for clients and/or findings of lesser offenses; and many may more favorable dispositions then stated below.

People v. JP

- The Defendant, an adult, was charged with possession of crack cocaine, after a traffic stop for speeding, where the Defendant possessed a valid driver’s license. The Defendant was arrested as a pretext for a search for speeding, where the arrest was not arguably authorized by law, as long as the Defendant had a valid driver’s license. The Defense filed a motion to quash the arrest and suppress the evidence, based upon an illegal arrest and illegal search and seizure. The Motion to Suppress was granted, and the Defendant was discharged, but he did receive a straight conviction on the speeding charge only, for speeding 100 mph in a 55 mph zone. (The Defendant here also possessed a significant criminal history.)

People v. MQ

- This Defendant was charged with felony theft. He was employed as a computer repair technician at a Fortune 500 company and held an MS. He assembled lap top computers from spare parts owned by the company, and sold them illegally on E-bay. He was also a non-US citizen facing deportation, if convicted. The federal investigators with the local police, learned of the scheme, and arranged two controlled buys. Before Salvatore C. Miglore was retained, the Defendant was confronted and confessed. The matter, after a number of pretrial motions, proceeded to trial, where the Defendant was found not guilty on all counts, due to the fact that the State could not establish beyond a reasonable doubt that the component parts of the computers in question actually belonged to the victim. So, no inventory markings or identifications were on the items establishing ownership. The Defendant was totally exonerated.

People v. CJ

- The Defendant was charged with a second DUI within 2 years involving a BAC of .114. The Defendant faced a lengthy driver’s license revocation, resentencing on his first DUI case, where supervision was still pending, and jail, if convicted. Salvatore C. Miglore raised several points regarding field sobriety testing, the portable breath test (PBT), and a Motion to Bar the Breath test due to the breath test equipment in question not being properly certified accurate, as required by law, after an investigation. The Motion to Bar was granted by the court and accordingly, all testimony and evidence regarding the result of the .114 breath test was barred from evidence at trial. However, several other counts remained. Thereafter, the State agreed to amend the DUI count to a reckless driving, a Class A Misdemeanor, and saved the Defendant’s driving privileges. All of the other remaining counts were dismissed. The Defendant received 2 years probation, plus 60 days work release. Moreover, the State agreed not to violate the Defendant’s supervision; and thus, his driving privileges remained in tact, and no additional punishment was ordered for the violation of supervision.

People v. MR

- The Defendant was charged with 5 counts of Felony Aggravated DUI, drugs and alcohol, involving an Accident with great bodily harm, where he was allegedly driving in excess of 100 mph before losing control and hitting a pole. Both he and the passenger were physically thrown from the car several feet from the impact. The Defendant was the driver of the car with one passenger in a one-car accident. Both the passenger and Defendant suffered severe brain injuries and serious medical problems, where it was believed neither would survive. At the hospital emergency room, a blood draw of Defendant was taken for a medical diagnosis. Salvatore C. Miglore researched, investigated and prepared himself for trial regarding the blood and urine draws, by retaining experts and private investigators to expose the weaknesses in the State’s case, based upon the failure of the hospital to conduct the analysis, according to a proper scientific protocol. After several motions to bar the blood draw results, the State offered a plea agreement for a reduction to a lesser offense of a misdemeanor “reckless driving” due to the issues with the blood and urine tests, and other proof issues. The Defendant received one year probation on the misdemeanor and all the felony counts were dismissed. (Note: The Defendant had prior convictions for felonies.)

People v. GK

- The Defendant was charged with a 4th DUI offense, which was a felony, and was facing prison time. Salvatore C. Miglore challenged the sufficiency of the evidence and field testing, thereby placing the police officers on trial, as to their proper training and expertise in alcohol detection. The jury returned a verdict of Not Guilty on all counts.

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