Notable Cases

Child Molestation Case Won – Jury Finds the Defendant Not Guilty on All Counts
The defendant in this case was charged with multiple counts of molesting a neighbor, a young boy. The Commonwealth presented four witnesses, including, the alleged victim during the two-day trial. The police investigator presented evidence of a supposed confession to the crimes by the defendant, a Bosnian immigrant who did not speak English. Mr. Graves presented expert testimony by a Russian linguist proving that the police interpreter and the defendant did not speak the same language. Consequently, the interpreter and the defendant were unable to understand each other and the supposed confession was worthless. Mr. Graves also successfully discredited other Commonwealth’s witnesses. The newspaper noted it took jurors less than 40 minutes to find the defendant not guilty of all charges and quoted the defendant as saying, “…I’m thankful there are good people in this country that can realize what is truth and what is not…”

Child Neglect Resulting in Death – Charges Dropped after Judge Declared a Mistrial
The defendant, a young mother, in this case was charged with felonious neglect resulting in the death of her infant child. The Commonwealth presented evidence that the defendant was the cause of and legally responsible for her daughter’s unfortunate drowning. Mr. Graves challenged the coercive nature of the videotaped investigator’s interview of the defendant at the police station. The investigator mercilessly attacked the distraught young mother and attempted to trick her into a confession. Mr. Graves played the interview for the jury, and one of the jurors, blurted out, “this interrogation strikes me as coercive”. The Commonwealth promptly moved for a mistrial which the judge granted. Ironically, the defendant’s case had previously ended in a mistrial when a juror fell and broke her nose at a recess. After the trial, a juror wrote a letter to the newspaper declaring the trial a “witch hunt” stating the investigator’s interview could be better appreciated as a theatrical performance. Subsequently, the Commonwealth decided to drop the charges.

Perjury Case Won – Commonwealth’s Key Witness Credibility Put into Question
During the trial, Mr. Graves was able to demonstrate that the Commonwealth’s main witness, a disgruntled neighbor of the defendant, had a bias to frame the defendant for perjury. The Commonwealth used videotaped evidence to prove its case. Their key witness, a surveillance expert, made the videotape and claimed on cross-examination that it was impossible to alter the videotape. During the defendant’s presentation of evidence, Mr. Graves used a copy of the Commonwealth’s tape with alterations that clearly showed that the Commonwealth’s witness was either mistaken or simply not telling the truth himself. The jury found the defendant not guilty in less than 10 minutes as was noted by the newspaper.

Cocaine Distribution case won on Motion to Strike
During a jury trial where the defendant was charged with possessing several individual packets of cocaine, the court dismissed the charge on a motion made by Mr. Graves, and the judge would not let the case go to the jury on that charge. Following the trial, a juror stopped Mr. Graves outside of the courtroom and said that he would have ruled in favor of the defendant had the judge not granted the motion made by Mr. Graves.

Defendant Charged with a DUI with .21 Breath Test Found Not Guilty
Mr. Graves successfully defended a young man involved in an automobile accident. Mr. Graves developed facts at trial that established that the Commonwealth could not establish whether the defendant was impaired before or after driving, and thus, the court dismissed the charge.

Getting Cases Dismissed or Reduced by Agreement
There are several instances whereby Mr. Graves and the prosecutor have had underage alcohol, marijuana and various other cases dismissed by agreement. On one occasion, Mr. Graves saved a nurse’s career after she had been charged with embezzlement from her employer. Mr. Graves zealously defended the case and scheduled the case for a trial by jury. At the eleventh hour, the prosecutor agreed to drop the charges and the defendant was vindicated.

Expungements – Removal of Criminal Charges From One’s Record
Mr. Graves handles expungements for college students and noncollege students who have their case dismissed or charge(s) dropped so long as they are eligible by pertinent Virginia law.