A 53-year-old man was arrested and charged with misdemeanor simple assault and summary harassment. The charges against the business owner followed an altercation with his transgender girlfriend. At the time, she was going through hormone replacement therapy, which, Fienman argued, contributed to the fights between the two. The man, a successful engineering consultant, reached out to Montgomery County criminal defense attorney Michael Fienman.

At the preliminary hearing, Fienman represented the man with a strong defense and ultimately got the charges of simple assault and harassment dismissed. However, our client was on probation for a previous DUI, and after the hearing, was detained as a result of the arrest because it is a violation of probation to have police contact. The man spent almost a month in the Montgomery County Correctional Facility because that was the length of time it took Fienman to obtain an expedited and first available court date with the man’s back judge.

At the probation violation hearing, there were a number of violations alleged, and all charges against were dropped except for the police contact charge. Because he had been arrested, he was found to be in violation of probation. The court agreed to re-sentence him without the additional delay for time served and the judge ordered his release forthwith. Luckily for our client, his business partner was able to take control of the company while he was incarcerated.

The outcome of an individual case depends on a variety of factors unique to that case. Case results do not guarantee or predict a similar result in any similar or future case.

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