State v. V.M.
Charge: Violation of Conditions of Release
Maximum Penalty: 6 months jail; $1,000.00 fine
Summary: Client who was on probation for a sex offense had bail conditions in place that prevented his child from "residing" with him. Local police did a bail check on the client and discovered a crib, baby clothes and diapers at his home and charged him with violating conditions of his bail. Client denied that the child resided with him but admitted the child occasionally slept at his home when necessary.
Result: NOT GUILTY following a jury trial. Attorney Hitchcock argued that the term "residing" was nebulous and unenforceable. Convinced the jury that the State was overreaching and that he should not have been charged. Jury agreed with a quick NOT GUILTY verdict.