Representative Successes

  • Secured an acquittal on all charges for an 18-year old client facing an indeterminate sentence in the Department of Corrections who was accused of sex-assault (F2), kidnapping and assault of an elderly woman in her own home.  The client’s co-defendant accepted a plea agreement that included testifying against our client.  The co-defendant was sentenced to forty years in prison with his plea agreement after the judge determined the facts of this case to be some of the most “heinous” she had ever heard.  Our client walked out of jail as a free man after his trial to begin his life as an adult.
  • Won acquittal for client charged with felony sex assault and incest after a week-long trial. The jury deliberated for only forty minutes.
  • Earned a dismissal of drug distribution and drug possession charges after successfully arguing to the Court that the government violated discovery procedures and destroyed exculpatory evidence in the case.
  • Drafted and argued a motion to return custody for a respondent mother.  After a full day of testimony, the Court returned our client’s three children to her over the objections of the respondent father and the county Department of Human Services.
  • Persuaded magistrate judge handling juvenile bond arguments to change his district’s policy on juveniles charged with misdemeanors (class 2 and 3) and petty offenses to not include a blanket imposition of pre-trial services on every juvenile, and to consider the imposition of pre-trial services on a discretionary basis.
  • Received a complete dismissal of child sex assault charges (F3) prior to jury trial.
  • Won an adult diversion sentence for a young client charged with felonies for burglary of a dwelling and related crimes.
  • Obtained dismissal of sex assault charges (F3) after the preliminary hearing involving cross-examination of the alleged victim.
  • Worked with the Court, the district attorney and probation to get a client with acute and active paranoia and six pending misdemeanor cases to be sentenced to probation and have her probation transferred to her home state where she would receive better services to meet her specific needs.
  • Collaborated with a community team of case workers and mental health professionals to come up with visitation plan for a parent on the road to reunification with his children.
  • Convinced the government to dismiss a possession of marijuana charge in federal court after demonstrating that the client had significant mental health issues.
  • Helped a client keep his deferred judgment status for a felony case and avoid a felony conviction after he picked up a new assault case while he was already on probation.
  • Drafted a suppression of evidence motion addressing the government’s violation of my client’s Constitutional right to be secure in his person and property to which the government conceded and dismissed the case.
  • Used independent defense investigation to convince the government to dismiss the felony charges against our client.

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Every case is different. Whitney and Schowalter, LLC cannot guarantee results on any current case based upon previous outcomes on prior cases.   The descriptions of outcomes on previous cases is for informational purposes only.

Case Archives

The Durango Herald May 7, 2016

Grand Juries: What’s their proper role?

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The Durango Herald May 17, 2016

Toking illegal in federal preserves

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The Durango Herald March 21, 2016

Marijuana DUIs: Hard to identify, prosecute

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The Journal March 9, 2016

Vehicular homicide case ends with hung jury

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The Durango Herald, August 3, 2015

Youth offender system works, sometimes

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The Dolores Star, December 31, 2014

Court Briefs

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The Mancos Times, December 23, 2014

Sex assault suspect seeks to bar DNA evidence

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The Mancos Times, December 23, 2014

Court Briefs

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Cortez Journal, November 13, 2014

Former cop bound over to district court

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Cortez Journal, November 3, 2014

Judge denies access to files in pimp case

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Cortez Journal, October 23, 2014

Sheriff’s office fires back in drug case

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The Mancos Times, October 22, 2014

Judge tosses drug charge

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The Cortez Journal, October 20, 2014

Judge tosses drug distribution charge

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Cortez Journal, August 28, 2014

Cronk restitution hearing suspended

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Cortez Journal, August 7, 2014

Alleged pimp files complaint against DA

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Cortez Journal, June 2, 2014

Cronk begins jail time

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Every case is different. Whitney and Schowalter, LLC cannot guarantee results on any current case based upon previous outcomes on prior cases.   The descriptions of outcomes on previous cases is for informational purposes only.