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  • Kansas City, MO 64105
  • 816.474.2240
  • divinelaw@live.com

Case Studies

Contact the Divine Law Office, LLC for a free consultation.

Attorney Craig M. Divine is a member of both the Missouri Bar Association  and Kansas City Metropolitan Bar Association .

Case Studies

Criminal Defense

Client found NOT GUILTY on charges of felony domestic battery after a jury trial. Client's child had alleged physical abuse and disclosed being struck by his Father. Case was originally charged as a misdemeanor but upgraded to a felony after client pled not guilty and declined a plea offer. There was no physical evidence and a deposition of the alleged victim uncovered significant inconsistencies in the reports of the incident.

 

Client accused of rape by a young woman after a night out drinking. Woman had no memory of events but awoke with her pants undone and her last memory was of client walking her to her door. After receiving discovery and pushing to receive updated DNA testing it was discovered DNA recovered from the alleged victim was that of her boyfriend. State refused to dismiss so matter was set for a preliminary hearing and was dismissed by the Court.

 

State sought to revoke client’s probation for dirty drug screen however State failed to seek follow up testing to confirm the presence of THC in the client’s system. At a hearing counsel informed the Court as to the proper protocol for confirming failed screening for THC and the State’s failure to follow such protocol. Client’s probation was reinstated.

 

Client had over 16 pending traffic offenses in Kansas City Municipal Court which would have resulted in a suspension of her license had convictions on only half of them been entered. After working with the client to clean up her driving record we were able to negotiate a dismissal of all but four of the traffic offenses and had the remaining tickets amended in exchange for a higher fine and thereby kept all of the traffic offenses off of the client’s driving record preserving her license.

 

Client charged with statutory rape and statutory sodomy after being accused by his live in girlfriend of sexually abusing the girlfriend’s daughter. Child described alleged full on sexual intercourse for which there was no forensic evidence. Charges later dropped after it was discovered girlfriend had been planning a move out of state with the intent to take the client’s son without his permission and that the daughter (unknown to anyone but mother) had been watching porn on her mother’s phone and was describing acts depicted in the videos she watched.

Car Accident

$100,000 recovery for a client after the vehicle he was driving was flipped as a result of being struck by a drunk driver. Client had suffered injuries to his face and back.

 

Recovered for property damages, lost wages and personal injury for a client who was rear ended while stopped in traffic waiting to turn left. Client had suffered injuries to his neck and lower back as a result of the car wreck and had missed significant work as a result of the injuries. Clients’ vehicle was a total loss.

 

Recovered for property damages, lost wages and personal injury for a client who was injured after an inattentive motorist hit her while she was crossing the street with her bike. Client suffered bruising and a severe sprain to her ankle as well as damage to her bike and cell phone and missed over 2 weeks of work due to her injuries.

 

Recovered for property damages, lost wages and personal injury for a client who was involved in a t-bone car wreck after another motorist ran a red light and collided with the client’s front end of his vehicle. Client suffered injuries to his neck, back and left knee as a result of the car wreck and missed over a month of work due to being unable to support weight on the injured knee. Client’s vehicle was a total loss.

 

Recovered for property damages, lost wages and personal injury after client’s Jeep Cherokee was struck head on in a truck collision. Client’s vechile was a total loss and she suffered significant injuries to her chest, knees, neck and back as a result of the other driver’s truck crossing the centerline and striking her head on. Client missed almost 2 months of work and had to undergo extensive physical therapy for her neck and back.

DUI/DWI

Clients charge of DUI was dismissed after successfully arguing a motion to suppress evidence of the clients blood alcohol concentration. Client had been stopped at a DUI Checkpoint and after field tests was asked to provide a breath sample. Court sustained the motion to suppress on the grounds the officer did not have probable cause to believe client was intoxicated, rendering the breath sample a warrantless search in violation of the constitutions of both Missouri and the United States.

 

Client’s case was dismissed by the Court in Johnson County after a Johnson County Sheriff Deputy arrested the client on suspicion of DUI. Deputy’s body camera footage showed that the client was able to maintain heel-to-toe during his field sobriety testing contrary to the assertions in the Deputy’s report and after a hearing on a motion to suppress due to lack of probable cause to request a breath test the Court sustained the motion and the case was dismissed.

 

Client charged with DWI after being stopped by a Jackson County Sheriff’s Deputy operating a Sobriety Checkpoint in Kansas City. Deputy alleged client failed his field sobriety tests and then blew over the limit. A motion to suppress was filed disputing the Deputy’s assertions that the client had failed the field sobriety tests. Dash camera video showed the Deputy improperly administered the Horizontal Gaze Nystagmus (HGN) test and that the client had actually passed the other field sobriety tests. Court ruled the Deputy had no probable cause to request a breath sample from the client and the motion was sustained and the case dismissed.

 

Successfully obtained limited driving privileges for a client serving a 5 year suspension for blowing in excess of .15 on a breath testing machine. Client had to obtain an ignition interlock device and provide proof of SR-22 insurance and evidence of having taken a SATOP class but once verified our petition for limited driving privilege was sustained and client was able to operate a vehicle on a limited basis.

 

Successfully defended a client in an administrative license hearing on a DWI charge. At the hearing we argued the breath testing results were invalid because the State could not produce proof that the officer who obtained the breath sample had a Type 2 or Type 3 permit to operate the breath testing machine. State regulations require such a permit to ensure the results of the testing are accurate and are not impaired by the operation of the machine by persons not qualified to do so. Client’s driving privileges were immediately restored.

Murder

Client charged with one count of First Degree Murder, two counts of First Degree Assault and three counts of Armed Criminal Action after a shooting at a local bar left one dead and two others injured. Video evidence and depositions of eye witnesses showed the client was not the shooter. After a five day jury trial client was found NOT GUILTY.

 

Client was charged with two counts of Murder in the First Degree and two counts of Armed Criminal Action after a shooting outside a Kansas City convenience store left two people dead. Surveillance video combined with the testimony of a key defense witness demonstrated that one of the deceased persons pulled a gun after starting a fistfight with the defendant’s family. Defendant claimed self-defense and defense of others and after a 2 week jury trial the jury returned a verdict of NOT GUILTY on all counts.

 

Client charged with Assault in Kansas City after an altercation with her husband resulted in police being called to the scene. Client had left before the police arrived and the husband claimed she had assaulted him. Client insisted husband had put hands on her first and she retaliated in order to be able to escape him and therefore acted in self-defense. After a bench trial the Court returned a verdict of NOT GUILTY.

 

Client arrested on a parole violation for allegedly being a Felon in Possession of a Firearm after a car he was riding in led police on a high speed chase in Kansas. After the vehicle wrecked out and the other occupants fled client was pulled from the backseat on the driver’s side. A handgun was found on the front passenger floorboard resulting in the allegation. After a hearing on the matter the arresting officer admitted the gun was not within the immediate reach of the client and there was no fingerprint or DNA evidence to indicate the client ever possessed the gun or knew of its possession by the other occupants of the vehicle.

 

Client charged with Unlawful Use of a Weapon after firing a warning shot over the heads of a crowd of people during a block party. Client’s child had been playing with other children when the children got into a disagreement. Client’s wife went to speak to the parents of one of the children and a heated argument broke out after a man in a confederate flag t-shirt began using racial slurs directed towards the client’s wife. The situation escalated and when the client came to the aid of his family he fired a warning shot after seeing another man with a handgun. Client received an SIS probation on disorderly conduct due to the fact he fired a bullet with no regard for where it would land thereby endangering others not involved in the dispute.

Divorce

Won a money judgment for a client after her ex-husband failed to comply with the terms of the divorce decree that required him to pay maintenance and child support as well as marital debts. After a trial on the issues the Court found in favor of my client and held her ex-husband in contempt and issued a money judgment under threat of jail time to compel husband's payment of the amounts owed.

 

Client went to seek a modification of what he thought was a divorce decree when he discovered that his wife had never filed the final paperwork and that he was still legally married. Client was currently planning his wedding as he thought he had been divorced two years ago. We immediately field and sought expedited proceedings and were able to get the divorce finalized so that the client could then marry his fiancé.

 

Grandparent filed for legal custody of her grandkid after her daughter had dropped him off and disappeared. Daughter had substance abuse problems and the kid’s father had a history of anger control problems and physical abuse of the child. Father hotly contested grandma’s claim and disputed being physically abusive. A guardian ad litem was appointed in the case and after a 2 day trial grandma was awarded custody of the child and father was ordered to pay child support to her.

 

Modification of a child support order after father found out his son was living with his maternal grandmother instead of the child’s mom. Father had been paying child support to mom and mom was not using the money to support the child. After a bench trial father was able to change custody to grandmother and payment of child support to grandmother which allowed the child to stay in his current school district and finish high school.

 

Client was living with her fiancé and had two small children when fiancé broke off the engagement. Father would routinely keep the children longer than he was supposed to on some visits and then would not show up on other visits causing client to miss work. Father also refused to pay any child support. Client filed for a paternity action and was able to get an enforceable custody order and parenting plan and orders for father to pay child support and help pay child care expenses allowing client to get a more stable, better paying job.

Drugs

Client pulled over in Kansas when her vehicle touched the fog line (the solid white line on the right edge of the roadway). In addition to a felony DUI charge client faced drug charges for possession of edible marijuana, leaf marijuana, drug paraphernalia and open container of alcohol. After filing a motion to suppress on behalf of my client the case was dismissed without a hearing after prosecutors acknowledged the officer did not have probable cause to initiate a traffic stop for touching the fog line.

 

Client charged with Minor in Possession of Alcohol and interfering with law enforcement after refusing to allow officers entry into a home in which he and others were attending a party. No one in attendance was over the age of 21 and large quantities of alcohol were present. Client was charged with minor in possession due to his proximity to an open bottle of alcohol when the cops gained entry to the house. After presenting evidence to the prosecutor that client wasn’t drinking the Minor in Possession was dismissed and the client pled guilty to an amended charge of disorderly conduct instead of interfering with law enforcement.

 

Client charged with possession with intent to distribute after over 3 pounds of marijuana were found in his trunk along with a digital scale and plastic baggies. In addition to the amount, much of the marijuana was packaged in smaller quantities as if intended for sale. At trial the state showed that client’s fingerprints were on the scale and some of the baggies of marijuana. After the arresting officer handled evidence on the stand without gloves on the officer was forced to concede that fingerprints did not equal ownership and after a 4 day trial and a day and a half of deliberations the jury convicted the client of simple possession. Client was facing 8 years in prison on the distribution charge but received just 12 months for the possession conviction.

 

Client was facing an asset forfeiture action after officers found narcotics in his vehicle and client was charged with possession with intent to distribute. State attempted to argue the vehicle was being used in narcotics trafficking making it subject to asset forfeiture. State was forced to dismiss their action and return the vehicle after failing to get a conviction for possession with intent to distribute.

 

Client charged with possession of marijuana and possession of paraphernalia after being stopped in a car and officers finding a small quantity of marijuana and a hypodermic needle client admitted was used to inject heroin. After extensive plea negotiations the charge of paraphernalia was dismissed and the client plead guilty to an amended charge of littering on the possession of marijuana charge and paid a fine.

 

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