September 9, 2024, September 23, 2024:
Client was charged with murder for the fentanyl overdose of an 18 month old child. At the preliminary hearing, Dana Fite fiercely advocated for her client and demonstrated that her connection to the murder was weak. Before the judge ruled on the merits of the preliminary hearing, Dana secured her client's release from custody and a few weeks later, the judge ruled that there was insufficient evidence for her client to be sent to trial on murder. Read about it here and here. Later, a judge dismissed the only remaining counts of misdemeanor child endangerment and possession of drugs for sale, resulting in a complete dismissal of the case for the client.
June 12, 2024:
Client was charged with two sexual assault charges against a minor, one carrying a sentence of life in prison. While the client was represented by a previous attorney, a material defense witness passed away and Dana Fite engaged in substantial litigation to remedy the loss of the witness. During trial, Dana artfully cross examined the alleged victim and demonstrated the poor investigation by law enforcement. After nearly 11 days of deliberations, the jury returned verdicts of "not guilty" on the sexual abuse charges and the client was released from custody.
August 10, 2023; January 11, 2024
Client charged with murder and several counts of attempted murder related to a shooting involving multiple people. The State's case lasted several months, during which Dana Fite zealously cross examined the prosecution witnesses, resulting in all three surviving alleged victims admitting that the initial gunfire came from the victims, not the accused. At the close of the State's case in chief, Dana brought a motion to dismiss the case which the Court granted. But Dana did not stop there. She pursued a petition for finding of factual innocence that was granted months later.
January 13, 2022:
Client was charged with multiple counts of oral copulation with a minor age 10 or under. Dana Fite utilized multiple subpoenas to investigate the background of the complaining witness. After months of pretrial litigation to determine what records could be released to and used by the defense and a jury trial lasting approximately two months, the jury acquitted the client of all charges.
June 13, 2019:
Client was charged with special circumstances homicide, alleging that the murder was committed for the benefit of a criminal street gang. After investigating the case and learning that the informant had previously provided multiple false reports to police that were not disclosed by the District Attorney, Dana Fite demanded a dismissal for failure to provide exculpatory evidence and the District Attorney dismissed the case. This was the second dismissal on this homicide case that will not be re-filed.
February 6, 2019:
Client was charged with torturing and attempting to murder his mother. During the jury trial, the District Attorney called the codefendant (who had turned State's witness) to testify. Dana Fite (formerly Dana Myers) impeached the codefendant with her prior inconsistent statements and with the deal that she had taken in exchange for her testimony. The jury acquitted the client of attempted murder, torture, assault, and elder abuse. They convicted the client of false imprisonment and he was released from custody on the day of sentencing with credit for time served.
May 25, 2018:
Client was charged with possession of stolen property (a wood chipper that, when located, had the identifying information removed and had been re-painted) that was recovered on the property that he lived on. Police testifed that when they spoke to the client, he admitted that he had moved the wood chipper and researched its value. Dana Fite (formerly Dana Myers) represented the client at trial and argued that, while the client clearly possessed the property, he had no reason to know that it had been stolen. She also argued that the statements the client allegedly provided to police were unreliable because they had not been recorded. The jury returned a verdict of not guilty.
March 15, 2018:
Client was charged with shooting and killing the unarmed victim. Client raised a claim of self-defense, asserting that the victim was on drugs and alcohol and charged the client before the client shot him. Dana Fite represented the defendant at a jury trial lasting nearly 3 months and the jury ultimately returned not guilty verdicts for both first- and second- degree murder. They convicted the defendant of voluntary manslaughter.
September 15, 2017:
Client was charged with raping the alleged victim, who was intoxicated at the time of the incident. After confessing to possibly raping the victim, the client asserted that his confession was false. Dana Fite (formerly Dana Myers) aggressively cross-examined the alleged victim and after a month-long jury trial, the jury returned verdicts of not guilty on all counts!
September 21, 2017:
Client was charged with assault and robbery for shoplifting and engaging in a physical altercation with the loss prevention officer. The incident was captured on surveillance video. At trial, Dana Fite (formerly Dana Myers) argued that the District Attorney had failed to prove all the elements of robbery beyond a reasonable doubt, as they did not prove the client's intent. The jury acquitted of robbery and hung on the assault count.
2016:
Juvenile client was charged originally (via direct file) in adult court with attempted murder for shooting his mother's boyfriend twice in the back. Dana Fite (formerly Dana Myers) successfully negotiated to have a petition filed in juvenile court and the adult case was dismissed. During the juvenile court trial, Dana presented evidence that the shooting was committed to defend the client's mother who was being attacked by the alleged victim. The judge found that the juvenile client had engaged in lawful self-defense and did not sustain the juvenile petition.
2015:
Client was accused of armed robbery and carjacking. On the first day that Dana Fite (formerly Dana Myers) met the client, he insisted he was innocent. On the same day she met the client, Dana set this case for preliminary hearing "time not waived," requiring a hearing within 10 court days. Within those 10 days, Dana prepared multiple motions that were litigated at the time of the preliminary hearing, conducted investigation, and prepared for the preliminary hearing. At the preliminary hearing, Dana called witnesses and presented a defense of a false identification resulting from a prejudicial in-field show up, and despite the alleged victim testifying that the defendant committed the crimes, the judge held that there was insufficient evidence to hold the client to answer for the charges, so the case was ordered dismissed and the client was released from custody. Because Dana was able to get so much done in such a short amount of time, the client was only in custody for a matter of days (as opposed to months or years) for a crime that he did not commit.
2015:
Client was charged with carjacking and robbery at a night club. Client insisted that he was inside the night club at the time of the incident. When the client set the preliminary hearing "time not waived," Dana Fite (formerly Dana Myers) subpoenaed the surveillance video from the night club which demonstrated that the defendant was inside the club at the time the carjacking occurred in the parking lot. When the District Attorney wouldn't dismiss the case, Dana called multiple defense witnesses and presented the surveillance video during the preliminary hearing. The judge ruled that she did not have a "strong suspicion" that the client committed the offenses and ordered the case dismissed.
2014:Client charged with misdemeanor domestic battery for an argument that his girlfriend alleged became physical. Dana Fite (formerly Dana Myers) represented the client at trial and the jury returned verdicts of "not guilty."
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