Criminal defense lawyers serving: Stanislaus, Sonoma, Tuolumne, Merced, San Joaquin Counties - and Federal Courts in Sacramento and Fresno

Jury Acquits McAllister’s Client of Child Molest

April 25, 2012 – Investigation should not stop when the trial begins. In this case Kirk McAllister’s investigation during the trial became critical in disproving the alleged victim’s version of the incident given on the stand. Also, in an unprecedented move Mr. McAllister called as his witness the Child Protective Services (CPS) worker who had investigated the case, in order to correct the false impression given by the police. The result: the jury found McAllister’s client not guilty of child molest. (Case No. 1420585 )

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Law Enforcement Bounty Hunting Exposed

February 17, 2012 – In this Driving-Under-the-Influence (DUI) case Mr. McAllister filed a motion to suppress the breath test results based on the officer not having legal cause for the traffic stop.  On cross-examination the officer admitted to having won awards for the most DUI arrests for two consecutive years from Mothers Against Drunk Driving (last year he had 60 arrests; “this year I’m shooting for 100!”)  “You have a streak going?” Kirk McAllister asked.  “Yes , I do” was the response.  Next McAllister asked “You want to keep your streak going?”  The officer answered “Yes, I do.”  The officer ultimately could not convincingly cite a Vehicle Code section that he claimed was violated.  The judge granted the motion to suppress evidence and the District Attorney was forced to dismiss the case. (Case No.  CRM015477)

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Defense Investigation Frees Client

September 1, 2011 – Colby Browning was charged with attempted murder for a near-fatal stabbing that he did not commit.   Kirk McAllister conducted a more thorough investigation than the police did and proved who actually committed the crime.  When he turned over his investigation to the prosecution, the District Attorney began prosecution of the actual perpetrator and dismissed all charges as to Browning. 

“It’s scary facing life imprisonment for a crime you didn’t commit, but I never lost confidence in Kirk,” said Colby Browning.  “His thorough investigation and take-no-prisoner attitude saved my life.” Case no. MF50736

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Your Home is Your Castle – Until CHP Arrives

August 3, 2011: Under the Constitution, the home enjoys the greatest protection against warrantless government intrusion.  In this case CHP officers investigating an unwitnessed solo rollover accident invaded the client’s home without a warrant seeking to arrest him.  In denying consent to enter, another occupant had asked if they had a search warrant: “We don’t need a warrant” was the arrogant reply.  Kirk McAllister took the CHP back to school on the Fourth Amendment during a two-day long motion to supress evidence, including breathalizer results.  The judge ruled that all evidence had to be supressed as the result of an illegal entry in violation of the Fourth Amendment. (Case No. 1413577)

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Pre-Arrest Delay Sinks Prosecution of Nurse

August 1, 2011- One effect of the sagging economy may be delayed investigations because layoffs and furloughs result in larger caseloads for fewer investigators.  How does that impact the citizen’s right to a speedy trial?  In a recent case Mr. McAllister succesfully argued that his client’s speedy trial rights were violated when the California Department of Consumer Affairs criminal investigator took too long to bring the case to the District Attorney for issuance of a complaint.  Because this prejudiced  the client’s right to a speedy trial, the judge dismissed all eight counts. (Case No. 1419165).

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McAllister Foils Mortgage Fraud Prosecution

August 18, 2011- The prosecution considered the mortgage fraud case a “slam dunk,” but Mr. McAllister didn’t agree and delivered a hung jury after a two-week long trial. “Kirk McAllister, Burdg’s attorney, said he was not surprised the trial’s outcome was a hung jury, knowing how the stories from both sides conflicted with each other. ‘It was obviously a very hardworking jury,’ McAllister said.” Modesto Bee, August 19, 2011.

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