Albright & Rhodes - Representative Cases

The following are a few of the cases handled by the lawyers of Laura Kelsey Rhodes, LLC:

OTHER CIVIL LITIGATION

CRIMINAL DEFENSE

Sex Assault Allegations Require Extensive Trial Preparation

A Maryland dentist was accused of sexual assault upon a sedated patient and his family lawyer referred him to Laura Kelsey Rhodes, LLC. Under the pressure of strong media interest, attorney Laura Kelsey Rhodes was able to present her client’s views to the public through the press while protecting his ability to continue practicing dentistry.

The case had psychological and scientific aspects, and Ms. Rhodes conducted extensive research before taking the matter before a jury. She had to quickly become familiar with the science of anaesthesiology so she could interview medical experts and choose the best of many experts to testify. An Laura Kelsey Rhodes, LLC investigator went overseas in search of people who could help challenge witness credibility.

The client was facing other charges involving similar allegations, and Ms. Rhodes won a pre-trial motion that blocked the state from mentioning that fact to the jury. Ms. Rhodes also convinced the court to allow her client to remain free on bond while the case was pending.

Woman Accused of Driving Too Slowly and Evading Police; Case Brings National Exposure and “Not Guilty” Verdict

A 58-year-old Maryland woman was charged in Frederick County with the seemingly incongruous charges of both impeding traffic by driving too slowly and fleeing from police. The woman, whose first language is Spanish, didn’t understand why she was being handcuffed and treated like a criminal. The fact that this 5-foot, 5-inch-tall teacher and former nun was roughed up by police attracted media attention and even prompted The Washington Post to editorialize on the case.

The woman sought help from Laura Kelsey Rhodes, LLC. At trial, attorney Laura Kelsey Rhodes helped the jury understand that the woman was going 38 mph in a 55-mph zone because she was looking for an address for a church meeting. Knowing she was doing nothing wrong, she did not realize that the officer was trying to pull her over. The policeman was impatient because he could not quickly drive by her. Unfortunately, in conservative Frederick County, the word of the police officer is most often believed. Nonetheless, the jury agreed with Rhodes’ assertions and found the woman “not guilty.”

Second Amendment Rights Defended Against Baseless Charges

A 40-year-old man with no criminal record was accused of threatening the life of his ex-girlfriend. She got a temporary restraining order and convinced a judge that the man’s guns should be confiscated. The man hired Laura Kelsey Rhodes, LLC.

Attorney Laura Kelsey Rhodes brought the woman into court, and her cross-examination of the ex-girlfriend revealed the absurdity of the charges. The state law that provides for restraining orders against live-in partners defines living together as cohabitating for at least 90 days. Ms. Rhodes elicited information that proved the parties were not longtime domestic partners. With the witness’s credibility called into question, the judge dismissed the case. The man did not have to relinquish his collection of weapons.

Youth Avoids Lengthy Prison Term after Vehicular Deaths

A 17-year-old Frederick County youth faced multiple charges after a drunken driving accident. His two passengers died after the car he was driving slammed into a truck parked on the side of a freeway.

The young man had been drinking, but Ms. Rhodes’ investigation revealed that the case had weaknesses. The entrance ramp that led to the accident scene was poorly marked. The truck was disabled and parked illegally. These factors arguably created a hazard even for sober drivers.

Also, the driver’s Blood Alcohol Concentration (BAC) was measured after EMTs had administered medications, which may have resulted in an inaccurate BAC result. Meanwhile, Ms. Rhodes discovered that the prosecutor in charge of the case had represented her client in the past. Based on that conflict of interest, Ms. Rhodes won a motion that forced the State’s Attorney’s office to take itself off the case.

The prosecutor in a neighboring county recognized the problems with the case and offered a very reasonable plea deal. During the entire time the case was pending, the client was able to continue attending college. He was allowed to wait until summer vacation to serve his short jail sentence.

College Student's Future Protected after Drug Arrest

A college ballplayer was charged in the D.C. Superior Court with a drug offense. A conviction would have rendered him ineligible to be recruited by professional teams. Because Ms. Rhodes was familiar with options available to first-timers, she convinced the United States Attorney’s Office to give the young man a second chance.

The client was enrolled in a Diversion program, which required him to be monitored by the probation department and to participate in a rehabilitation program. Successful completion of the program resulted in the case being dismissed. The young man survived the ordeal without a criminal record.

Speeding Driver Avoids Points on License

A client was given four traffic citations, and faced the prospect of having 15 points on his driver’s license. This may have affected his employment status and certainly would have increased his car insurance rates.

Ms. Rhodes assessed the case and concluded that the man was being charged twice for the same offense. This constitutes double jeopardy, and is prohibited by the U.S. Constitution. Police had accused the man of speeding, driving too fast in inclement weather conditions, and reckless driving. Ms. Rhodes advised the client to pay the speeding ticket.

Once he was officially “convicted” of that offense, she reasoned, he could not be prosecuted again for essentially the same behavior. The judge agreed with this novel legal argument. The client paid a fine for the speeding citation, but he avoided accumulating 15 points on his license.

IMMIGRATION

Appeal Allows Immigrant to Avoid Felony Record

A Green Card holder who had served in the U.S. Navy for four years needed post-conviction relief. He pled guilty to attempted murder as part of a plea agreement, and the United States wanted to deport him.

He turned to Ms. Rhodes, who had not presented him in the original proceedings. She filed a Writ of Error Coram Nobis and a Writ of Audita Querela, arguing that the client’s trial attorney had failed him for not fully explaining the consequences of accepting the plea agreement. The client did not know, for instance, that the conviction could expose him to deportation and that he was giving up his right to appeal.

The judge agreed with Ms. Rhodes that the client’s rights had been violated due to ineffective assistance of counsel. The conviction was set aside, and Ms. Rhodes brokered a deal that enabled the client to plead guilty to assault. Having only a misdemeanor on his record meant the client could avoid deportation.

Meanwhile, Ms. Rhodes had the foresight to encourage her client to apply for U.S. citizenship. With no felony record, the Navy veteran was eligible to become a U.S. citizen.

FAMILY LAW

Fair Alimony Deal Results from Novel Use of Theory

A 44-year-old man was being sued for divorce by a woman who had inherited a valuable stock portfolio. Unbeknownst to the husband, the wife had been borrowing against her stocks to pay for household repairs and furniture.

Attorney Anne Albright’s creative approach convinced the judge to limit the husband’s alimony responsibilities. She offered a “voluntary impoverishment” theory, which is usually used when someone is purposely earning below his or her potential to cheat a spouse out of alimony. Here, Ms. Albright applied the theory to unearned income.

She argued that the wife’s handling of her investments was so shoddy that “voluntary impoverishment” applied to the case. Ms. Albright said that it was not fair for the wife to squander her financial holdings then ask a court to force her ex-husband to support her. The judge agreed and limited alimony payments to five years.

Ms. Albright was also successful in using the more traditional “voluntary impoverishment” theory. She convinced the judge that the wife was capable of returning to the workforce and earning a liveable wage although the woman had interrupted her career to be a stay-at-home mom. Ms. Albright’s expert on investments and earning potential was ready to testify, but the husband accepted the terms of an extremely favorable settlement before trial.

Divorce Settlement Brings Financial Security

A woman was divorcing her husband and approached Anne Albright for legal representation. The husband was a venture capitalist, with potential assets in the millions. The wife had played a traditional role of a homemaker in the long-term marriage and had not accumulated wealth independently.

The case required diligence, and Ms. Albright did not back down. When the matter went to trial, the husband finally offered a settlement after two days of testimony. The wife can rest assured that she has financial security. The D.C. Superior Court judge noted that Ms. Albright’s representation of the wife was of the “highest caliber’’ and awarded attorney fees greater than what had been requested. That issue is being appealed by the husband.

In Visitation Case, Background Check Yields Key Information

A man in the midst of a divorce had agreed to a very limited visitation schedule with his son. He soon realized he didn’t get a fair deal, so he hired Anne K. Albright to represent his interests.

Ms. Albright’s experience told her that once a pattern develops in parental visits, it can be difficult to convince a judge that the status quo should be changed. She rushed to court and got an emergency hearing. Meanwhile, she had investigators look into the wife’s habits and lifestyle.

Ms. Albright discovered that the wife was dating a man with a criminal history. The wife reluctantly agreed that the children would not have contact with the boyfriend until the case was resolved. That agreement motivated the woman to settle the matter quickly. The husband won an equitable settlement and was extremely happy that he could spend more time with his children.

Disclaimer: This information is provided as a public service. It is not legal advice. Every case has unique facts, and no one can ever guarantee results. This information does not establish an attorney client relationship. Any reliance on information contained herein is taken at your own risk.