RECENT VICTORIES
On a 3rd DUI, we recently filed a Motion to Suppress based on the fact that a law enforcement officer entered into our client's garage requesting that our client "come outside". We argued that this was an unlawful entry by law enforcement. The Court agreed and dismissed the case against our client.
Most recently, we were successful in having a 2nd Degree Murder charge reduced to Manslaughter. Additionally, our client received a downward departure on the Manslaughter charge. Read Article.
In the recent past, after a three day Felony jury trial, one of our clients, who was charged with Lewd & Lascivious Molestation and was facing a minimum mandatory prison sentence of 25 years, was found not guilty of all charges.
Recently, on the morning of trial, a client of ours, who was charged with Sexual Battery and faced a minimum of 10 years in prison, entered a plea to the reduced charge of Felony Battery and was sentenced to less than 6 months in the county jail.
Four of our clients had their DUI cases completely dismissed due to a motion we filed to suppress their field sobriety exercises and breath tests. The motion was granted and the cases were dismissed due to an error in the way DUI checkpoints were conducted.
DEREK BYRD'S LAST 50 JURY TRIALS
|
Charges |
Verdict |
| Lewd & Lascivious Molestation | NOT GUILTY |
| DUI | NOT GUILTY |
| DUI | NOT GUILTY |
| DUI | NOT GUILTY |
| Battery on a LEO (x3) and Resisting with Violence (x2) |
Judgment of Acquittal - GRANTED after jury selection |
| Resisting Arrest w/out Violence | DISMISSED |
|
DUI |
NOT GUILTY |
| Armed Robbery | Guilty |
| Sex Offense against Child | Guilty |
| Attempted Murder with a Firearm | NOT GUILTY |
| Aggravated Battery with Great Bodily Harm | Guilt of a lesser charge (Misdemeanor Battery) |
| Leaving the Scene of an Accident with Death | NOT GUILTY |
| Possession of Marijuana with Intent to Sell and Obstruction | NOT GUILTY |
| 4th DUI | NOT GUILTY |
| Sexual Battery | NOT GUILTY |
| Capital Sexual Battery (x3) | Guilty |
| 5th DUI | NOT GUILTY |
| 2nd DUI | NOT GUILTY |
| Battery | NOT GUILTY |
| 3rd DUI | NOT GUILTY |
| 2nd DUI | NOT GUILTY |
| Trafficking in Cocaine | NOT GUILTY |
| 4th DUI | NOT GUILTY |
| 2nd DUI | NOT GUILTY |
| 3rd DUI | NOT GUILTY |
| Sexual Activity with Child while in Familial Custody | 6 counts dropped; plead mid-trial |
| Murder | NOT GUILTY |
| Possession of Cocaine with Intent to Sell | NOT GUILTY |
| Robbery and Aggravated Battery on a Victim over 65 | Guilty of a Lesser Charge |
| 4th DUI | NOT GUILTY |
| Sale of Cocaine | NOT GUILTY |
|
2nd DUI and No Valid Driver's License |
DUI Reduced to Reckless Driving (mid-trial); nolle pros |
| Capital Sexual Battery (x 3) | Guilty |
| Grand Theft | NOT GUILTY |
| DUI | NOT GUILTY |
| Obstruction/Resisting without Violence | NOT GUILTY |
| Felony Possession of Marijuana | NOT GUILTY |
| 3rd DUI | NOT GUILTY |
| Possession of Child Pornography with Intent to Distribute (x 33) and Possession of Child Pornography (x 72) | NOT GUILTY OF 33 COUNTS OF WITH INTENT TO DISTRIBUTE AND 4 COUNTS OF POSSESSION; GUILTY OF REMAINING |
| Lewd & Lascivious Molestation (x 5) | HUNG JURY |
| Lewd & Lascivious Molestation (x 5) | HUNG JURY |
| Sexual Battery with Force | Guilty |
| Possession of Marijuana and Resisting Arrest without Violence | NOT GUILTY |
| Domestic Battery | NOT GUILTY |
| Lewd and Lascivious Indecent Assault upon a Child under 16 | NOT GUILTY |
| Battery on a Law Enforcement Officer | NOT GUILTY |
| Lewd and Lascivious Indecent Assault upon a Child under 16 (x 2) | NOT GUILTY |
| Petit Theft | NOT GUILTY |
| 4th DUI | NOT GUILTY |
| Resisting Arrest without Violence | Guilty |
| Battery | NOT GUILTY |