Child Sexual Abuse: All Charges Dropped
In Georgetown, DE the State indicted a father for having sexually abused his four-year old daughter. It was obvious to the defense that the former wife was behind the charges. Defense filed an extensive expert affidavit pointing out that the child had been coached. The criminal charges were dropped, and the case was resolved in the family law court. Tom Pavlinic and Kate Aaronson worked the case together.
Sexual Abuse: Full Acquittal
A 9-day trial in Martinsburg, WV resulted in a court decision that cleared the father of any sex abuse of his daughter in an abuse and neglect action brought by the former wife. The defense was able to undermine the credibility of the wife’s so-called expert and presented credible expert testimony upon which the court relied. Tom Pavlinic was lead counsel, and Jeff Burcham served as local counsel. Kirk Bottner was the court-appointed GAL.
Accusation of Date Rape: Dismissed at Preliminary Hearing
A sailor in Stafford, VA was accused of a date rape. Prior to the preliminary hearing, the defense team interviewed all of the independent witnesses. When the alleged victim was cross examined, her credibility was attacked beyond rehabilitation. The court refused to find probable cause, and no charges were formally brought. This early end to the prosecution was brought about by the collective efforts of Tom Pavlinic and Kimberly Irving.
Child Molestation: Reduced to Misdemeanor
A member of the U.S. Naval Academy band in Annapolis, MD was accused of having molested his neighbor’s daughter. On the day of trial the prosecution offered a plea to a misdemeanor count, no jail time, no criminal record and no listing on the sexual registry. The plea was accepted with no risk to the client. Attorneys Tom Pavlinic and Charlotte Weinstein worked every aspect of the case together.
Child Abuse: Not Guilty Jury Verdict, Dismissal of Other Charges
A Baltimore, MD school teacher was accused of having sexually abused foster children for whom he and his wife were caring. The first trial resulted in a not guilty verdict on all counts after a 3-day jury trial. The second case was dismissed with no trial. A civil action brought against the teacher was also dismissed with prejudice. Tom Pavlinic and Rowe Stayton handled the defense.
Third Degree Sexual Abuse: Favorable Plea
In Upper Marlboro, MD, the state charged a Marine with attempted second degree sexual abuse of a 3-year old. A careful analysis of the evidence revealed that only a third degree charge was appropriate. The client admitted his involvement in a video taped statement to the police. A favorable plea was finally negotiated, eliminating the harsh consequences of a second degree conviction. Tom Pavlinic handled the case, and Charlotte Weinstein helped with the preparation.
Child Abuse: Judgment of Acquittal
In Rockville, MD a foreign national was accused of having abused a special needs child on a school bus. The judge denied the defense request for a full competency/taint hearing. At the trial, however, the child was unable to testify, and the defense was able to block the admission into evidence of alleged statements made by the child to her mother and social workers. The case ended with a dismissal of the charges on a motion for Judgment of Acquittal. Tom Pavlinic handled the defense, and Charlotte Weinstein prepared the research.
Child Sexual Abuse: Appeal Pending
A young man was convicted on sexual offenses against his neighbor’s daughters in Towson, MD. During the trial there was confusion about the dates of the alleged abuse. Evidence showed that the abuse could not have occurred during the time frame charged. To clear up this ambiguity, the defense requested the “unanimous jury instruction,” which the trial judge refused to give. The Maryland Court of Appeals granted a Petition for Writ of Certioari on this important issue of first impression. Tom Pavlinic will argue the case before the appellate panel later this year.
Conviction of Child Molestation: New Law Made on Appeal!
A conviction of a father in Wilkes Barre, PA led to an appeal on the issue of whether suggestions made to young children “tainted” their testimony. The Pennsylvania Supreme Court issued a favorable opinion as a matter of first impression on this issue. Tom Pavlinic and Mark Mack represented the client at the trial and on appeal.
Civil Suit Over Child Abuse: Case Dismissed
In New Jersey, an adult son sued his parents for alleged sexual abuse that he claimed occurred decades ago and that he only recently “remembered.” After extensive pre-trial discovery and the involvement of experts, the case was dismissed with prejudice. This means that the case cannot be refiled. Pat Jennings has extensive expertise in federal criminal and civil litigation. Tom Pavlinic retained the experts and served as co-counsel on this case.