Felony Theft Acquittal: Winning Through Pretrial Investigation
Background
Our client faced serious felony theft charges tied to an alleged check fraud scheme-a case that not only carried the risk of a felony conviction but also had the added complexity of federal agents conducting the initial investigation. While the case proceeded in state court, much of the early investigative work had been done at the federal level, leading to overlooked evidence that was crucial to our client's defense.
Despite the steep odds, FrizWoods attorney Max Frizalone led an exhaustive pretrial investigation that uncovered exculpatory evidence-evidence that the initial investigators missed. By using subpoena power effectively and highlighting investigative oversights, Mr. Frizalone secured a Not Guilty verdict for the client.
The Challenge
Our client was accused of participating in a check fraud scheme, with the prosecution arguing that:
- The client knowingly took part in the fraudulent activity.
- Bankrecords showed their guilt.
However, there was a critical fact that neither the federal nor state investigators had identified: our client had contacted law enforcement to report the fraud-just days after realizing they had been tricked into participating.
The issue? This crucial call had been overlooked in the initial investigation.
Our Strategic Approach
1. Digging Deeper: Pretrial Investigation
- While reviewing the prosecution's discovery materials, Mr. Frizalone noticed a call had been made to law enforcement, overlooked in the analysis conducted by federal agents.
- Using subpoena power, he requested the 911 audio and assocaited reports, which identified an officer who responded to the call.
2. Uncovering the Exculpatory Call
- Upon a thorough review of the phone records, Mr. Frizalone discovered a previously ignored call-one made by the client to the police, reporting the theft only days after realizing they had been deceived.
- The client had tried to alert law enforcement but had been effectively ignored.
3. Subpoenaing the Negligent Officer
- Mr. Frizalone didn't stop at just finding the call-he used compulsory subpoena power to bring the neglectful officer into court.
- The subpoena forced the officer to testify about why the client's report had been overlooked and why no follow-up had been conducted.
4. Presenting the Full Story to the Jury
- At trial, Mr. Frizalone laid out a clear narrative for the jury:
- He played the actual recorded call where the client reported the theft.
- He demonstrated how his investigation had uncovered evidence that the federal agents and local police had missed.
- He cross-examined the officer, exposing their failure to properly investigate the client's report-undermining the prosecution's entire theory of the case.
The jury saw the reality: our client was not a willing participant in the fraud but was, in fact, a victim of it.
The Outcome
The jury returned a Not Guilty verdict, leading to:
- No felony conviction
- No criminal record
- Full exoneration
This result saved the client from the long-term consequences of a felony theft conviction, including job loss, reputational damage, and possible incarceration.
Why This Case Matters
This case underscores several critical principles of strong criminal defense:
- Pretrial investigation matters. Relying solely on the government's case can leave key facts buried.
- Subpoena power is a tool for truth. Without issuing subpoenas, the crucial call and the negligent officer's failure would have remained hidden.
- Zealous advocacy can expose investigative failures. Law enforcement doesn't always get it right-but strong defense work can correct the record.
Attorney Max Frizalone didn't just defend this case-he uncovered the truth and made sure the jury saw it.
Facing Felony Charges? Don't Leave It to Chance.
If you're facing felony charges, you need a defense team that goes beyond what's on paper. At FrizWoods Criminal Defense, we don't take shortcuts-we dig deeper, subpoena overlooked evidence, and fight to uncover the full story.
FAQs
Q: Can defense attorneys find evidence that police missed?
A: Absolutely. In this case, a crucial phone call was ignored by investigators, but the defense found it through thorough investigation and subpoena power.
Q: Why is subpoena power important in criminal defense?
A: Subpoenas allow defense attorneys to compel the production of evidence and require witnesses-including law enforcement-to testify in court. This ensures that all relevant facts come to light.
Q: How can I know if my case has overlooked evidence?
A: Only a thorough pretrial investigation can reveal gaps in the prosecution's case. Defense attorneys who go beyond the surface can find the evidence that makes the difference between a conviction and an acquittal.
Contact FrizWoods today for a free consultation. We fight for the full truth-because your future depends on it.