Motions to Re-Open Detention

*NOTE: The below should not be construed as a promise or guarantee of similar results. Results will vary depending on the particular facts and legal circumstances of each individual case.

State v. T.W. - Client was charged with domestic violence offenses for allegedly punching his girlfriend in the face, strangling her, and punching a hole in the wall during an argument.  The client was detained in jail pending the resolution of his case.  Ms. Denholtz had an investigator speak with the alleged victim, who completely recanted her story about the client assaulting her.  The alleged victim admitted that she fabricated the domestic violence allegations because she wanted T.W. to be kicked out of her house for the night.  Ms. Denholtz filed a Motion to Re-Open Detention, arguing that the alleged victim recanting her story warrants the Court reconsidering the decision to detain the client in jail.  The Court agreed with Ms. Denholtz’s arguments and released the client from the jail.  Based on Ms. Denholtz’s investigation, the State ultimately dismissed all charges against T.W.

State v. A.P. – Client was charged with felony drug possession, resisting arrest, obstruction, operating a motor vehicle while license suspended, and related disorderly persons offenses. Client was detained in jail pending resolution of the case.  Ms. Denholtz got client linked to a long-term substance abuse program and filed a Motion to Re-Open Detention, arguing client should be released to treatment while her case was pending.  The Court granted Ms. Denholtz’s application and the client was transported from the jail to a long-term inpatient treatment program for substance abuse.  Ms. Denholtz ultimately got client’s felony charges dismissed and the remaining disorderly persons offenses remanded down to municipal court.

State v. C.D. – Client was charged with various drug offenses and was detained in jail pending the resolution of his case. C.D. was detained because he had the highest possible score on his public safety risk assessment, due to an extensive prior criminal history, and a lengthy history of failing to appear in court. Ms. Denholtz secured a bed at a long-term treatment center for C.D. and filed a Motion to Re-Open Detention, arguing that the client should be released from the jail directly into treatment for substance abuse. The Court agreed that the root of the client’s problems was substance abuse and agreed to release C.D. from the jail and into a treatment center. C.D. later resolved his case to probation, no jail or prison time.

State v. C.S. – Client had 5 cases pending against him with numerous felony charges.  Because client had so many cases and charges pending against him, he was detained at the jail pending trial.  However, client had a well-known and well-documented substance abuse/mental health disorder.  Ms. Denholtz was able to find C.S. an inpatient substance abuse and mental health program.  Ms. Denholtz successfully convinced the Court to allow the client to be released from the jail to complete the substance abuse/mental health inpatient program.

State v. D.G. - Client was charged with various felony-level drug offenses.  She was detained, pre-trial, because she had many pending charges and a history of missing court.  Ms. Denholtz linked the client with a long-term inpatient substance abuse program.  Ms. Denholtz then successfully argued a Motion to Re-Open Detention, which allowed the client to be released from the jail and transported by the jail directly to an inpatient drug treatment program.  Ms. Denholtz was ultimately able to negotiate a non-felony plea offer where the client received probation and no jail or prison time.   All of the felony drug charges were dismissed.

State v. D.W. - Client was charged with felony gun offenses and other related offenses. He was detained in jail pending resolution of his case. Ms. Denholtz successfully secured Client's release from jail and into a treatment program.

State v. A.G. – Client with a lengthy criminal history was charged with felony offenses related to allegations that he threatened his partner by holding a knife to her throat.  The State’s plea offer was for client to plead to felony offenses and go on Recovery Court.  Ms. Denholtz conducted investigation in the case which showed that the alleged victim was heavily intoxicated on the date of the alleged offense, which made her less than credible as a State’s witness.  Ms. Denholtz successfully argued a Motion to Re-Open Detention to get the client out of jail and into an inpatient treatment program.  Once there, Ms. Denholtz successfully negotiated a non-felony plea offer with mandatory fines only and no probation or jail/prison time.  All felony charges were dismissed.

State v. D.G. - Client was charged with two counts of Theft (3rd degree) and one count of Conspiracy to Commit Theft (3rd degree).  Due to the fact that Client had other pending charges, was on probation at the time of these new offenses, and had a horrible history of failing to appear in court, she was detained at the jail pre-trial.  Ms. Denholtz was able to get Client a bed at a long-term inpatient treatment center and filed a Motion to Re-Open Detention, seeking to get a court order to allow Client’s release to the treatment center.  The State opposed this Motion.  Approximately 1.5 months later, Ms. Denholtz successfully argued at sentencing that sending Client back to jail to complete her 364 sentence would not help Client (who was doing well in treatment) or the community.  The Court agreed and instead suspended imposition of the 364 day sentence and placed Client on probation.