Defending the Innocent Patriot Mom
June 2, 2023
By: Chad J LaVeglia
CRIMINAL DEFENSE ATTORNEYS PROTECT THE INNOCENT
Criminal defense attorneys do not defend the guilty. We defend the Constitution by ensuring that its not violated. Without us there safeguarding the rights of the accused, many more innocent people would be wrongfully convicted. That’s because without us there to defend the Constitution, the government could accuse and convict anyone with no evidence. The laws protect the innocent, not the guilty. When the government does its job properly then justice is served. These safeguards were put to the test a week ago. Out in western New York, in a little county known as Ontario County. It’s about an hour south of Rochester (which for downstate folks is far enough away to be another state).
THE GREATEST TWO WORDS TO HEAR WHEN REPRESENTING THE INNOCENT: 'NOT GUILTY'
The jury found my client “Sarah” not guilty after a five day trial. Sarah is a patriot mother with two children. Their father is a decorated Army Veteran. An estranged friend falsely accused Sarah of a crime that never occurred. They got into a wrestling match and the accuser invented a crime. Sarah faced 7 years in prison if convicted. But the safeguards worked. The truth prevailed because I brought it out. I left the accusor sitting in the witness chair not knowing the difference between up and down. The DA’s office tried and tried, but failed, to win with some questionable tactics. But it doesn’t end there. The day after the wrestling match, Ontario County Special Weapons and Tactical Unit (SWAT) invaded her home like she was a terrorist. With a big American flag and other accessories on her front gate she is nothing but a true patriot.
In the late hours of a cold February night, the SWAT team pulled up in an armored military vehicle. They had called in cops from the neighboring County as well. The vehicle was built to withstand 50 caliber bullets. It had a machine gun turret. The men inside were dressed in full military fatigue. They wore body armor. They had night vision goggles.They had automatic weapons and other tactical gear such as flash bang grenades. Who was in the house you ask? Pablo Escobar? Nope. Gang members? No. Armed suspects? No.
A regular family. There were two women, 5 children, and a young man who couldn’t hurt a fly. The SWAT team pulled up and used military grade lights to blind them while pointing automatic weapons at them. Sarah and her sister went outside. They were clearly unarmed. The SWAT team did not treat them like law abiding citizens. Instead, they were treated like terrorists. A SWAT member threatened to shoot them with a taser. They were clearly scared. SWAT members threw them to the ground. Searched and seized them. Then threw them into the vehicle. No explanations, just brute force. Worse, their children were still inside the house. This was a kidnapping.
The SWAT team eventually called out the five children—ranging in ages from 3 to 13—to come out. They had no jackets or shoes, no idea what was happening, nor where their parents were. One child cried and said “I feel like I’m getting arrested.” It was nothing short of a full blown military raid.
The SWAT team threw flash bangs into the house even though it was empty. They searched every drawer and cabinet. The SWAT team eviscerated the privacy every American expects to have in his or her house. Even worse, they broke into the garage, and two sheds. In short, the SWAT team busted into a law abiding families home as though Bin Laden was hiding inside. They even cut open the ceiling. What were they supposed to be looking for? A lawfully owned firearm the lying accuser wrongfully described as an all black Glock. But Sarah lawfully owned a Sig Sauer with a grey slide. Either way, they were looking for a lawfully owned firearm. All that force for a lawfully owned firearm.
After tearing through the house, they couldn’t find it. Because the firearm the accuser described never existed. Wrong color, wrong model. After about 3 hours they left the house with Sarah’s lawfully owned firearm. Yes, that’s right. The government unlawfully raided Sarah’s house and took away her lawfully owned firearm. Today she got it back.
JUSTICE PREVAILED IN THE BEGINNING OF THE END
The law enforcement officers here are not reflective of the law enforcement community. They are the exception. The guys here took things way too far. So far, it violated a bunch of innocent people’s 4th Amendment rights. Sarah’s sister and two children were just in the wrong place at the wrong time. They were held for a few hours with no probable cause.That’s not acceptable. But the SWAT Team isn’t used to anyone standing up to them. Which is why they’ve gotten away with these practices before. Simply put, follow the Constitution or you will be held accountable. An innocent women could have been convicted but for CJ Law*. Every American deserves that type of representation.
So, yes, when Sarah was found Not Guilty, justice prevailed in the best way possible. We are proud to have been a part of that outcome. And no, we’re not done. There’s been a lawsuit pending in the United Stated Western District Court. This was wrong from the outset.
* I have to credit my co counsel Jason Houselfor his excellent work. He is an extremely talented attorney. If you are arrested in Ontario County,or the Rochester area give him a call. (just click on his name for info).
* Anything herein regarding civil claims and the pending lawsuit are merely allegations and have not been proven or decided in a court of law. Neither Ontario County nor any of the named Defendants have admitted guilt or wrongdoing.